Special Counsel Jack Smith's team held a confidential meeting with former CIA Director John Brennan at CIA headquarters in late 2023, according to newly released FBI memos. The meeting, which took place at CIA headquarters in McLean, Virginia, was convened to discuss potential expert testimony in the classified documents case against former President Donald Trump. The memos reveal that FBI agents present at the meeting left their notes blank, recording only the date, location, Brennan's name, and the list of attendees. This approach stands in contrast to Justice Department guidelines, which urge substantive documentation of witness interviews, especially in high-profile investigations involving political figures.
The memos were released by the White House Government Transparency Task Force and document a November 2023 meeting. Smith's team and FBI Washington Field Office agents met with Brennan to discuss "expert testimony to National Defense Information" as part of the Trump classified documents probe. According to the FBI summary, "no documents were shown in this meeting," and while original agent notes were attached, those notes contained only basic identifying information and were otherwise left blank.
FBI Documentation and Justice Manual
The Justice Department's official Justice Manual provides guidance on investigative procedures. While it states that agents are not legally required to memorialize every witness interview, the manual generally encourages agents to preserve original notes and create substantive records. Standard FBI practice calls for agents to take rough notes during interviews and later convert them into formal reports. The absence of substantive notes in this particular case is notable given the high-profile nature of the investigation and the Justice Manual's recommendations.
The meeting with Brennan was part of the FBI's "Plasmic Echo" investigation, which ultimately led to Smith's charges against Trump for mishandling classified documents at Mar-a-Lago. However, those charges were later dismissed after a federal judge ruled that Smith had not been legally appointed as special counsel. The judge found that Smith lacked Senate confirmation, which is required by the Constitution's Appointments Clause for certain federal positions.
Brennan’s Testimony and Criminal Referral
The timing of the meeting drew additional attention because Brennan had testified before the House Judiciary Committee just months earlier regarding the Russia collusion investigation. In October 2025, House Judiciary Chairman Jim Jordan referred Brennan to the Department of Justice for criminal prosecution. Jordan alleged that Brennan made false statements during his 2023 testimony about the CIA's use of the Steele dossier. According to Jordan's press release, Brennan "knowingly made false statements" and his denials about the CIA's involvement with the dossier were contradicted by declassified documents and the record established by the House Permanent Select Committee on Intelligence and the CIA.
"Making false statements before Congress is a crime that undermines the integrity of the Committee's constitutional duty to conduct oversight."
— Jim Jordan, House Judiciary Chairman
Brennan has continued to defend the Intelligence Community's conclusions about Russian interference in the 2016 election, even as subsequent investigations, including Special Counsel John Durham's, questioned the evidentiary basis for the original probe into Trump’s campaign. Brennan remains a paid analyst for MSNOW and has faced criticism for his public commentary on Trump and related investigations.
Political Fallout and Ongoing Investigations
The meeting between Smith's team and Brennan occurred amid heightened partisan scrutiny of the Justice Department's investigations. During a recent Senate hearing, Sen. Josh Hawley criticized Smith's investigations as politically motivated, citing internal memoranda and emails as evidence of potential bias. Brennan, meanwhile, has been subpoenaed by a federal grand jury in Florida as part of a broader investigation into whether Trump and his allies were deprived of civil rights through alleged misuse of intelligence and law enforcement resources. According to court filings, Brennan's lawyer confirmed that Brennan is a "subject" of a wide-ranging conspiracy investigation and a "target" of a narrower probe into alleged false statements to Congress.
The Justice Department and Smith's office have not publicly addressed the lack of substantive FBI notes or provided further details about the meeting with Brennan. Supporters of the investigations argue that the procedures followed were consistent with legal requirements and established protocols. Critics, however, contend that the omissions in documentation raise questions about transparency and impartiality, particularly in politically sensitive cases involving former government officials and presidential candidates.
The controversy over the blank FBI notes and the broader scrutiny of investigative procedures highlight ongoing debates about the balance between investigative confidentiality, adherence to federal protocols, and the need for transparency in cases with significant political implications. As congressional and legal inquiries continue, the handling of documentation and witness interviews is likely to remain a focal point in discussions about the integrity of federal investigations.
