In a move that could reshape the course of a high-profile federal investigation, lawyers for former CIA Director John Brennan on Monday sent a letter to the chief judge of Florida’s Southern District, warning that the Justice Department may be steering the probe toward a judge with a history of rulings favorable to President Trump.
The Request
Brennan’s attorneys, Kenneth Wainstein and Natasha Harnwell-Davis, addressed the letter to U.S. District Judge Cecilia Altonaga, the chief judge in the Southern District of Florida. The request asks Altonaga to use her “supervisory authority” to prevent the Justice Department from moving the current Russia-interference investigation to U.S. District Judge Aileen Cannon. Cannon previously dismissed the classified documents case against Donald Trump.
The lawyers explain that prosecutors have advised Brennan that he is a target of the grand jury proceeding. They say the department is engaged in “judge-shopping” and is trying to arrange a transfer to a judge who has a record of favoring Trump. The attorneys wrote:
> “In short, we are seeking assurance that any litigation arising out of this grand jury proceeding will be heard by a judge who is selected by the court’s neutral and impartial processes, not by the prosecution’s self-interested maneuvering contrary to the interests of justice.”
The New York Times reported on the letter earlier this week.
The Investigation
The grand jury investigation is focused on the U.S. government’s assessment of Russian interference in the 2016 presidential election. Prosecutors in Florida have issued subpoenas to Brennan and other former law-enforcement and intelligence officials. The subpoenas request documents related to the Obama administration’s intelligence-community assessment that was released in January 2017. That assessment detailed how Russia waged a covert influence campaign to help Trump defeat Hillary Clinton.
Trump himself was investigated, though not charged, over whether his campaign conspired with Russia to influence the election outcome. He has long sought retaliation against the Russia investigation and the officials who played key roles.
In September, the Justice Department secured a false-statement and obstruction indictment against former FBI director James Comey. That case was dismissed, and a judge’s ruling now blocks prosecutors from relying on communications that were deemed key evidence.
Allegations and Venue Concerns
Brennan’s lawyers claim the Justice Department tried to “forum-shop” the investigation to multiple jurisdictions, including Pennsylvania, before settling in Florida. They argue prosecutors have not answered why Florida is a proper venue, given that the intelligence-community assessment was produced by officials in Washington, D.C. The attorneys say the department’s decision to seek an additional grand jury in Fort Pierce-a smaller division where Cannon is the only judge-shows a clear intent to move the case.
The lawyers note that prosecutors have been unable to explain why a new grand jury is needed, and they fear the case could be transferred to the Fort Pierce division. They point to the Justice Department’s request as evidence of a deliberate effort to funnel the investigation to a judge who has consistently favored Trump’s positions.
Potential Judge Transfer
The grand jury investigation is currently based in the Miami division of the Southern District of Florida. Brennan’s attorneys are concerned that the Trump administration may try to shift the case to the smaller Fort Pierce division, where Judge Cannon sits alone. They argue that such a move would give the Justice Department a “favored” judge, undermining the neutrality of the legal process.
The lawyers write:
> “The United States Attorney’s efforts to funnel this investigation to the judge who issued this string of rulings that consistently favored President Trump’s positions in previous litigations should be seen for what it is.”
They urge Altonaga to ensure the investigation remains in a division where a neutral judge can oversee it.
Key Takeaways
- Brennan’s attorneys request Judge Altonaga use her supervisory authority to block a transfer to Judge Cannon.
- The investigation centers on the 2016 Russian interference assessment and subpoenas former officials for related documents.
- Concerns exist that the Justice Department is steering the case toward a judge with a history of Trump-friendly rulings.
Closing
While it is not yet clear whether the Justice Department will ultimately file charges, the request highlights the significant role that grand jury judges play in shaping federal investigations. Brennan’s lawyers argue that a neutral judicial process is essential to maintain public confidence in the integrity of the inquiry.
The outcome of this letter will determine whether the investigation remains under a judge who can be seen as impartial, or whether it moves to a venue where the Justice Department’s preferences may influence the proceedings.
