Federal prosecutors rejected an appeal from former FBI deputy director Andrew McCabe, currently a CNN contributor. McCabe was asking prosecutors to set aside their recommendation to charge him criminally.
The IG report
A 2018 Department of Justice inspector general report reports serious misconduct. McCabe improperly released details of the Clinton Foundation investigation to reporters. He “lacked candor” when asked about it by internal investigators on four separate occasions. The FBI’s Office of Professional Responsibility recommends the firing of the future CNN employee. Then-Attorney General Jeff Sessions acts upon that recommendation just short of McCabe’s retirement.
United States Attorney action
McCabe’s case was referred to United States Attorney for the District of Columbia. Attorney Jessie Liu handles the case. The referral was for possible criminal charges. According to reporting from McCabe’s employer CNN, Liu recommended a month ago that he be charged with lying to federal agents. McCabe’s attorneys appealed the decision. By letter Thursday they were in receipt of the rejection of their appeal. The U.S. Attorney is recommending charges. No indictment is in place… yet.
McCabe wrongful termination suit
The decision comes after McCabe filed a lawsuit in August claiming wrongful termination by the Department of Justice. His assertion in that action is that his firing was the result of political meddling by the Trump administration.
“It was Trump’s unconstitutional plan and scheme to discredit and remove DOJ and FBI employees who were deemed to be his partisan opponents because they were not politically loyal to him,” McCabe complained.
New employer CNN
McCabe was hired by CNN a week later. They knew or should have known of the conflict of interest and the finding that he had lied in a professional setting. One week into his CNN tenure, the New York Times first reported that federal prosecutors were nearing a charging decision on the new CNN contributor.
It remains to be seen whether the CNN contributor will still headline a Democratic fundraiser in Pennsylvania next week. Will the donors who have already shelled out their $80-$160 still have a chance for a photo-op with the CNN employee?
This is the first indictment in the Russia collusion scandal among the team responsible for preventing Russian interference in the 2016 presidential election. Andrew McCabe charged for lying. Why is Comey not facing the same charges? We’ll keep you posted on future developments.