U.S. attorney recommends proceeding with charges against Andrew McCabe for lying to federal investigators
By Jon Dougherty
(NationalSentinel) U.S. Attorney for the District of Columbia Jessie K. Liu has recommended the government move forward with charges against fired FBI Deputy Director Andrew McCabe for lying under oath several times to federal investigators, TownHall reported Thursday.
Last year, the Department of Justice Inspector General, Michael Horowitz, made a criminal referral to the U.S. Attorney for the District of Columbia to charge McCabe.
CNN‘s Pamela Browne was the first to report the news, according to a tweet sent by a colleague, Laura Jarrett.
“The Justice Dept’s Inspector General sent a criminal referral regarding Former FBI Deputy Director Andrew McCabe to the US attorney office in DC @PamelaBrownCNN reports acccording to source familiar; spox for McCabe, DOJ and US atty not commenting,” Jarrett tweeted.
After a long investigation, Horowitz found that McCabe lied to FBI agents, IG agents, and also improperly leaked sensitive data to the media. When the referral was made, McCabe’s lawyers expressed confidence that their client would not be charged.
“We were advised of the referral within the past few weeks. Although we believe the referral is unjustified, the standard for an IG referral is very low,” McCabe’s attorney released in a statement at the time.
“We have already met with staff members from the U.S. Attorney’s Office. We are confident that, unless there is inappropriate pressure from high levels of the Administration, the U.S. Attorney’s Office will conclude that it should decline to prosecute.”
The IG report noted:
We found that, in a conversation with then-Director Comey shortly after the WSJ article was published, McCabe lacked candor when he told Comey, or made statements that led Comey to believe, that McCabe had not authorized the disclosure and did not know who did. This conduct violated FBI Offense Code 2.5 (Lack of Candor – No Oath).
We also found that on May 9, 2017, when questioned under oath by FBI agents from INSD, McCabe lacked candor when he told the agents that he had not authorized the disclosure to the WSJ and did not know who did. This conduct violated FBI Offense Code 2.6 (Lack of Candor – Under Oath).
We further found that on July 28, 2017, when questioned under oath by the OIG in a recorded interview, McCabe lacked candor when he stated: (a) that he was not aware of Special Counsel having been authorized to speak to reporters around October 30 and (b) that, because he was not in Washington, D.C., on October 27 and 28, 2016, he was unable to say where Special Counsel was or what she was doing at that time. This conduct violated FBI Offense Code 2.6 (Lack of Candor – Under Oath).
We additionally found that on November 29, 2017, when questioned under oath by the OIG in a recorded interview during which he contradicted his prior statements by acknowledging that he had authorized the disclosure to the WSJ, McCabe lacked candor when he: (a) stated that he told Comey on October 31, 2016, that he had authorized the disclosure to the WSJ; (b) denied telling INSD agents on May 9 that he had not authorized the disclosure to the WSJ about the PADAG call; and (c) asserted that INSD’s questioning of him on May 9 about the October 30 WSJ article occurred at the end of an unrelated meeting when one of the INSD agents pulled him aside and asked him one or two questions about the article. This conduct violated FBI Offense Code 2.6 (Lack of Candor – Under Oath).
Lastly, we determined that as Deputy Director, McCabe was authorized to disclose the existence of the CF Investigation publicly if such a disclosure fell within the “public interest” exception in applicable FBI and DOJ policies generally prohibiting such a disclosure of an ongoing investigation.
However, we concluded that McCabe’s decision to confirm the existence of the CF Investigation through an anonymously sourced quote, recounting the content of a phone call with a senior Department official in a manner designed to advance his personal interests at the expense of Department leadership, was clearly not within the public interest exception. We therefore concluded that McCabe’s disclosure of the existence of an ongoing investigation in this manner violated the FBI’s and the Department’s media policy and constituted misconduct.
The Washington Post confirmed CNN’s report from last year.
Rep. John Ratcliffe said during an interview on Fox Business Network on Sunday that in order to prevent sending the message there are two systems of justice in America — one for the governing elite and one for everybody else — the Justice Department “has” to indict fired FBI Deputy Director Andrew McCabe for lying to investigators about media leaks.
“Here, you have the inspector general stating that Andrew McCabe did that multiple times, and the magic words, did so intentionally and knowing,” the Texas Republican told “Sunday Morning Futures.”
“I think the Department of Justice is going to have to indict Andy McCabe, simply because to do otherwise would be to admit that there are separate standards for people doing the same thing for the same conduct,” he added.
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