A new legal filing by former CIA Director John Brennan’s attorney says Brennan has been subpoenaed to testify under oath before a federal grand jury on Oct. 15, 2026, in Fort Pierce, Southern Florida. The filing also states the Justice Department is running two probes, including a broader conspiracy investigation that reaches “issues at Mar‑a‑Lago and beyond,” and a narrower inquiry tied to Brennan’s sworn statements to Congress.
What the filing says
Attorney Ken Wainstein disclosed the subpoena in Brennan’s case against the Department of Justice, according to the filing. The document asserts Brennan’s position that Trump’s DOJ violated his constitutional rights in pursuit of what the filing calls “phantom criminal conduct.” Reached through his law firm, Wainstein declined to comment, per the source document.
The signature—and a swift resignation
The filing shows the subpoena was signed Sept. 9, 2026, by Joseph E. diGenova, identified there as former Counselor to the Attorney General. According to the same source account, diGenova resigned from his role as top prosecutor on the Russiagate-related conspiracy case the next day, Sept. 10.
Wainstein’s filing cites diGenova’s public remarks about prosecutorial standards. DiGenova told the New York Post, “if you want indictments where there’s no evidence, you have an ethical problem,” and later told the Associated Press that “There’s plenty of evidence in all of these cases to prove the theories of prosecution. It just takes time to get there, and some people want to get there a little faster than others — and you can’t do that.”
Scope, friction, and reported steps
DiGenova took over the matter in April 2026 and pursued broad charges, according to the source’s summary of multiple reports, which also cites unnamed officials who accused him of chasing “rabbit holes.” CNN reporting referenced in the filing described tensions over diGenova’s requests for a Sensitive Compartmented Information Facility (SCIF) to review highly classified materials and for additional attorneys. CNN also reported that at least one witness has been contacted by DOJ regarding the 2022 FBI search of Mar‑a‑Lago over classified records.
Who’s running the case
The source report says the Trump-appointed U.S. attorney for the Southern District of Florida, Jason A. Reding Quiñones, leads the case. It also notes the Fort Pierce division is overseen by U.S. District Judge Aileen Cannon.
Disputed intelligence record, by the documents
The filing cites declassified materials and congressional documents to frame longstanding disputes over the 2016–2017 intelligence assessments. A House Permanent Select Committee on Intelligence report declassified July 23 states that five CIA analysts under Brennan drafted the January 2017 Intelligence Community Assessment on Russian election interference. According to a CIA self-assessment declassified July 2, those analysts were drawn from a “Fusion Cell” Brennan created and worked closely with him on a rapid-turnaround assessment. The source account also states that Brennan included information from the Steele dossier while drafting the ICA and limited wider community review to a brief, late-stage check using a hard-copy shuttle.
Earlier referral over sworn testimony
In October 2025, House Judiciary Committee Chair Jim Jordan referred Brennan to DOJ for potential prosecution, alleging Brennan made false statements to Congress about the ICA. Jordan asserted Brennan and then-FBI Director James Comey decided to include dossier material over objections from senior CIA officials; Brennan denied those allegations under oath, according to the source document.
Statute-of-limitations context
The filing highlights statute-of-limitations hurdles. DOJ’s public guidance explains that in a conspiracy, the limitations period typically runs from the last overt act taken in furtherance of the conspiracy, not from its alleged start date.
