US attorney recommends proceeding with charges against McCabe, as DOJ rejects last-ditch appeal
S E E D E D C O N T E N T
U.S. Attorney Jessie Liu has recommended moving forward with charges against CNN contributor Andrew McCabe , Fox News has learned, as the Justice Department rejects a last-ditch appeal from the former top FBI official.
McCabe -- the former deputy and acting director of the FBI -- appealed the decision of the U.S. attorney for Washington all the way up to Jeffrey Rosen, the deputy attorney general, but he rejected that request, according to a person familiar with the situation.
The potential charges relate to DOJ inspector general findings against him regarding misleading statements concerning a Hillary Clinton-related investigation.
A source close to McCabe’s legal team said they received an email from the Department of Justice which said, "The Department rejected your appeal of the United States Attorney’s Office’s decision in this matter. Any further inquiries should be directed to the United States Attorney’s Office."
McCabe spent 21 years with the FBI. He became the acting director in May 2017 after President Trump fired former director James Comey.
Last month, a source close to the process told Fox News that McCabe had a “target on his back” because of the Justice Department inspector general findings.
Then-Attorney General Jeff Sessions fired McCabe in March 2018 after the inspector general found he had repeatedly misstated his involvement in a leak to The Wall Street Journal regarding an FBI investigation into the Clinton Foundation.
The IG report faulted McCabe for leaking information to then-Wall Street Journal reporter Devlin Barrett for an Oct. 30, 2016 story titled “FBI in Internal Feud Over Hillary Clinton Probe.” The story -- written just days before the presidential election – focused on the FBI announcing the reopening of the Clinton investigation after finding thousands of her emails on a laptop belonging to former Democratic Rep. Anthony Weiner, who was married to Clinton aide Huma Abedin.
The Journal's account of the call said a senior Justice Department official expressed displeasure to McCabe that FBI agents were still looking into the Clinton Foundation, and that McCabe had defended the agent's authority to pursue the issue.
That leak confirmed the existence of the probe, the report said, which Comey had up to that point refused to do.
The report said that McCabe "lacked candor" in a conversation with Comey when he said he had not authorized the disclosure and didn't know who had done so. The IG also found that he lacked candor when questioned by FBI agents on multiple occasions since that conversation.
McCabe has denied any wrongdoing and said the inspector general's conclusions relied on mischaracterizations and omissions, including of information favorable to McCabe.
Last month, McCabe sued the FBI and the Justice Department over his firing, arguing it was part of Trump's plan to rid the bureau of leaders he perceived as disloyal to him. McCabe argued in his complaint that the two officials responsible for demoting and then firing McCabe — FBI Director Chris Wray and Sessions — created a pretext to force him out in accordance with the president's wishes.
The stated reason for the firing was that McCabe had misled investigators over his involvement in a news media leak, but McCabe says the real reason was "his refusal to pledge allegiance to a single man."
McCabe has been attacked by the president since before he was elected after news emerged in the fall of 2016 that McCabe's wife had accepted campaign contributions from a political action committee associated with former Virginia Gov. Terry McAuliffe during an unsuccessful run for the state Senate there. McAuliffe is a close ally of Bill and Hillary Clinton, who was being investigated at the time for her use of a personal email server while she was secretary of state.
After McCabe's hiring by CNN, Trump called it “disgraceful.”
CNN did not immediately respond to a request for comment on Thursday.
Fox News' Catherine Herridge, Brian Flood, Adam Shaw and The Associated Press contributed to this report.
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The reckoning has finally arrived.
Really? We've been waiting but no indictment ever came...
And the IG who made the criminal referral (Michael Horowitz) was appointed by Barak Obama.
It kind of looks like a rigged game. McCabe wont be convicted but Trump will have something to distract the country from his own crimes.
The grand jury refused to indict McCabe today...
Iv'e got you on record that he won't be convicted! It used to be "there is nothing to see here.
Please show us
The grand jury that investigated McCabe was called back today to consider the DOJ's recommendation but they balked and made the rare decision of refusing to indict...
Trump's efforts to railroad McCabe got derailed entirely today!
Again - LET"S SEE IT!
ZZZZZZZZZZzzzzzzzzzzzzzzzzzzzzzzzzzzz
Don't be silly! Gand jury deliberations are secret. So, you should know I cannot reveal my sources but believe me that today the recalled McCabe grand jury balked at Trump's Justice Department's recommendations and additionally they formally "refused to indict" before disbanding. McCabe will not be indicted...
I knew there was no proof coming. You only have a source, probably over at CNN.
Here is what I have for you:
"McCabe’s exhaustion of the opportunity to appeal to the Justice Department would suggest that his indictment is imminent. Meanwhile, the IG continues to examine alleged investigative abuses in connection with the Trump-Russia probe, and a Justice Department prosecutor, Connecticut U.S. attorney John Durham, is also investigating the origins and conduct of that probe. Consequently, McCabe will remain under the microscope."
But anytime you want to wager on that grand jury info, let me know.
We've already heard the narrative. The claim was that the Grand Jury refused to indict. Iv'e asked for proof.
Everyone wants proof, but as JBB pointed out, what goes on in the grand jury is supposed to stay secret.
The Grand Jury was recalled on 9/12
The Grand Jury went home with no public indictment on 9/12
There are three options.
A 'no true bill'.
A determination under seal, although one would have to ask why.
Or they expect to be recalled again next week, why not today?
DOJ can continue the case with either new evidence or a new grand jury, neither of which is likely.
I guess we will just have to continue the waiting game.
of course there's always the new grand jury which is investigating McCabe over the FISA reports.
FISA! FISA! FISA!
McCabes lawyers have sent correspondence to the prosecutor asking if the grand jury voted not to indict.
JBB was essentially correct. According to the letter from McCabe's lawyers, there were rumors that the grand jury had voted no.
That waiting won't be so long. I expect it sometime next week.
Yup, a lot more to come!
That wasn't his claim! He said the Grand Jury refused to indict. I'm still waiting for the proof. I have 3 of you that can't provide it! It's like watching CNN!
Is that the length of time it will take them to twist the grand jury's arm?
I thought this was a slam dunk case.
Face it Vic, Trump's big mouth blew any chance they had of convicting McCabe.
All of you "conservatives' spend too much time contemplating conspiracies.
Its very sad for our country though.
I hope your not going to believe McCabe's lawyer's bullshit. That's up to you.
I thought this was a slam dunk case.
I'm glad to hear it. We agree
Face it Vic, Trump's big mouth blew any chance they had of convicting McCabe.
And why is that?
All of you "conservatives' spend too much time contemplating conspiracies.
An indictment is a bit more than a theory, John
Its very sad for our country though.
It is sad that these rouge agents tried to nullify an election. Now we may finally get justice.
Coming from you, that has to be the world greatest joke. Ever met a conspiracy about Trump you didn't post as a fact?
Yes, it is very sad for our country when people can't accept the results of an election held 3 years ago. It is very sad when the government works against a US citizen, and anyone serving under him; by conducting investigation after investigation- no crime- just looking for whatever. Just because they felt entitled to win an election after running a corrupt, hated more than Trump, war mongering, candidate that still doesn't understand how the electoral college works.
Seems that perjury, and lying to the federal government, only matters when those associated with the Republicans do it. McGabe did the exact same thing that Flynn did. McGabe the left wants to walk. Really, really, desperately. With Flynn they want the book thrown at him because of his association with Trump.
Either the law applies to everyone or no one. I should have know after the Democrats in Congress refused to impeach Clinton for perjury, and obstruction, that it does not.
Trump is a dishonest, corrupt, moron. Why on earth would anyone believe he should be president of the United States? It is absurd.
He will go down, easily, as the worst president we have ever had in the 240 years history of this country.
And you wonder why people won't "accept" him. My God.
As always, Trump is demanding some new news to take the spotlight off his own constant fucking up.
I say go after anyone who need to be gone after. I don't care what affiliation they are. If they are legally fucking up, then nail em. That goes from the lowest on the food chain to the highest.
McCabe's offense has nothing to do with "Russia", but I agree if he has done something that broke a law that other people under similar circumstances would be prosecuted for, and they have a good case, then he should suffer the consequences of what he did.
I dont think that is the case here, but we shall see. It bothers me that this U.S. attorney was on Trumps transition team, because everything he touches or influences pretty much winds up tainted. Look at William Barr.
Trump wouldnt mind at all if McCabe is railroaded and face prison for actions that others are only fired for.
McCabe may need to hope that he gets an honest judge and jury.
Obama, McCabe, Comey, Brennan, Clapper, Susan Rice, Strozk, and others should all be in prison for their conspiracy in the 2016 election.
If we actually had a DOJ and FBI that were interested in upholding the Constitution that would be the case. But the DOJ, FBI, DEA, and ATF have all been political operatives for totalitarian government for decades.
McCabe will have his day in court. My advice for Andy is - why should you be left holding the bag?
It’s time for him to sing in soprano....
I am sick of people higher up the food chain getting nothing more than a slap on the wrist.
That said, I don't think leaking to the press about Clinton merits that much concern.
And what about lying to the FBI? Should we let Michael Flynn out and pay him for his troubles?
If he did then get what Flynn got. Same crime...same time.
But I still wouldn't bust someone for leaking inconsequential information.
People shouldn't have to fear our own government when they are only telling the public what was going on.
He wasn't informing the public. Do you understand why he leaked that info?
Don't tell me...to help Clinton win.....
No....He wanted to show that he wasn't biased, that he was investigating the Clinton Foundation too. It was very self serving and as you know the FBI isn't supposed to be leaking anything to the media. At that time leaking by the FBI was rampant.
We are going to indict him!
CNN's primetime programs ignore contributor Andrew McCabe's latest legal woes
The coverage McCabe received on the network pre-primetime was mostly defensive, particularly by CNN's chief legal analyst Jeffrey Toobin.
"Andy McCabe is a CNN contributor. He's a colleague and a friend to many of us who work here. He's here recently, but people need to factor that into what they're hearing," Toobin said. "This is an extremely unusual prosecution. Andy McCabe had the right to speak to reporters. That is beyond dispute. As deputy director of the FBI, he had the right to speak to reporters. He also has an impeccable record as one of the most honored and successful FBI agents of his generation.”