John Brennan’s proposed defense has encountered a problem of tense. He wants records preserved for a possible prosecution. The prosecution has not arrived. His requested court order has therefore found him excessively punctual.
AP reports that Judge Jia Cobb rejected his preservation lawsuit Thursday because the asserted injury was too speculative for standing. Brennan has not been charged, and he had not shown that DOJ was failing to preserve relevant records. Those distinctions are not decorative: the ruling is not permission to destroy evidence, nor a finding that political retaliation has occurred.
The procedural comedy is narrower. Brennan wants to prepare an argument about a case that might happen. The court finds the present basis for this particular request insufficient. His defense has packed for a journey the legal timetable has not confirmed.
Cobb called his targeting allegations concerning, if eventually proven. Even the alarm gets a conditional verb. Suspicion may look ahead; a court order needs a present legal foothold.
The possible prosecution has not premiered. Its prequel has already been canceled.