U.S. District Judge Jia Cobb on Thursday denied former CIA Director John Brennan’s request for a court order requiring the Justice Department to preserve records that his lawyers say could help establish a defense against what they describe as a vindictive prosecution. Brennan has been under investigation by the Trump administration’s Justice Department for months but has not been charged with a crime.

Brennan’s lawsuit, filed in July, argued that records held by the government could help demonstrate that any eventual prosecution was driven by political retaliation rather than legitimate law enforcement concerns. His attorneys said they wanted to ensure the evidence would remain available if prosecutors brought charges.

Cobb rejected the request, finding that Brennan’s allegations were too speculative and that he had not demonstrated the Justice Department was failing to preserve records relevant to a possible future defense. “Brennan’s allegations, that he is being targeted by the Trump Administration not because of his conduct, but because he has opposed the current president, are deeply concerning,” Cobb wrote.

The judge acknowledged that evidence of politically motivated prosecution would be significant if Brennan could establish his claims. However, she concluded that the alleged harm was too indirect to justify the court order he sought. “If he was eventually able to prove those allegations true, that would certainly suggest that his potential prosecution is vindictive,” Cobb wrote. “But even taking all of Brennan’s allegations to be truthful at this stage, the injury he alleges is simply too attenuated from the actions he seeks to enjoin to warrant a finding of standing here.”

During arguments last month, Brennan’s attorney, Ken Wainstein, acknowledged that seeking such an order was unusual. He argued that it was necessary because of what he characterized as a pattern of vindictiveness by the Justice Department and concerns about the preservation of communications and records in other matters. Wainstein strongly denied that Brennan had participated in a conspiracy against President Donald Trump, calling the allegation “fiction.” “I’ve spent decades in and around the Justice Department. I’ve never even conceived of a situation like this” in which the Justice Department is “blatantly trying to frame somebody for a crime that is complete fiction,” Wainstein told the judge.

Brennan’s legal troubles stem in part from his role as CIA director during the final years of President Barack Obama’s administration. He was a prominent figure in the intelligence community’s assessment that Russia interfered in the 2016 presidential election to benefit Trump, who defeated Democrat Hillary Clinton. Trump has long disputed aspects of the Russia investigation and has repeatedly criticized officials involved in it.

Over the past year, Brennan has become entangled in Justice Department investigations examining whether he made false statements to the House Judiciary Committee in 2023 and whether he and other former intelligence and law enforcement officials participated in a broader conspiracy to prevent Trump from regaining power. Brennan has been subpoenaed to testify before a grand jury in the broader conspiracy investigation, although the date of his appearance has been postponed. His lawyers have also said prosecutors informed them that Brennan remains a target in the separate investigation into alleged false statements.

Brennan has denied wrongdoing, and it remains unclear whether prosecutors will bring charges. His attorneys sought the preservation order to prepare for a potential legal challenge arguing that any prosecution was politically motivated.

Cobb was nominated to the federal bench by former President Joe Biden in 2021. Her ruling addresses Brennan’s request to preserve records, not the underlying investigations or whether criminal charges may ultimately be filed.