The Case to Charge Andrew McCabe
McCabe now wants immunity. Here's why.
Federal investigators are considering whether to recommend charges against former FBI Deputy Director Andrew McCabe for lying to federal agents about a media leak. Justice Department Inspector General Michael E. Horowitz made the charges in a comprehensive 35-page memo to the FBI.
He claims McCabe misled FBI agents and then-FBI Direct0r James Comey four times. Three times he was under oath. McCabe falsely told them he did not authorize disclosures to the media in October 2016. The Wall Street Journal published a story with the leaked information on October 30, 2016.
The report from the Office of the Inspector General (OIG) asserts that at least one time McCabe lied “knowingly and intentionally.” The OIG is expected to release another report any day now on the FBI’s handling of the Clinton email scandal.
His legal exposure is so grave McCabe is now seeking immunity from prosecution in exchange for testifying at an upcoming Senate hearing on the FBI and DOJ’s Clinton investigation antics.
McCabe’s Leaks
The leak occurred while the FBI was investigating Hillary Clinton’s email server. McCabe originally oversaw the probe. One likely reason McCabe directed the leaks was to discredit the notion that he was not impartial looking into Clinton. He did not want to be portrayed as shutting down the separate Clinton Foundation probe due to pressure from the Department of Justice, as other FBI agents alleged in the WSJ article.
The leak confirmed that the Foundation probe was ongoing. It also confirmed that the DOJ had been pressuring him. It did not help relations between the FBI and the DOJ.
McCabe’s leaks were “designed to advance his personal interests.”
Attorney General Jeff Sessions fired McCabe on March 16, 2017 shortly before he was set to retire with full benefits. Sessions cited the lying as the reason.
There is a “public interest” exception that allows certain leadership in the FBI to leak information to the press. However, the OIG found that the leaks did not fall under that. McCabe’s leaks were “designed to advance his personal interests.” He leaked the information to make himself look good.
The False Statements
One of the false statements involved telling the FBI that he did not know FBI lawyer Lisa Page had been authorized to speak to the media. McCabe tellingly changed his story right after text messages between Page and another FBI employee she was having an affair with were released. They reveal McCabe had been talking to her and had authorized the leak. McCabe also changed his story about instructing Michael Kortan, then the FBI’s top spokesman, to leak information.
Comey confirmed to the OIG that McCabe lied to him. McCabe says Comey knew he authorized the disclosure to the media. Comey denies it. He told investigators that McCabe “definitely did not tell me that he authorized” the disclosure.
The OIG report found that Comey would not have agreed to the leak. Comey would neither confirm nor deny to Congress during a hearing in July 2016 that the Clinton Foundation was being looked into. He has since said he “could well be a witness” in a trial against McCabe. He told the OIG that previous deputy directors coordinated leaks with him. They did not go off on their own like McCabe.
Perhaps worst of all, the OIG report said that McCabe was given the chance in a later OIG interview to admit his false statements. Instead, “McCabe made additional false statements.”
McCabe told the OIG that others in leadership at the FBI knew he had leaked to the press. But when the OIG asked them about it, they all denied knowing so. In fact, the General Counsel said he would have advised McCabe not to go to the media if he had heard about it.
McCabe’s attorney says McCabe told inconsistent stories because he didn’t remember he authorized the leaks. But the OIG report found that McCabe didn’t just “forget.” In three interviews with the OIG, McCabe did not mention forgetfulness.
Perhaps worst of all, the OIG report said that McCabe was given the chance in a later OIG interview to admit his false statements. Instead, “McCabe made additional false statements.”
The Possible Charges
The OIG passed along its findings to the DOJ. The DOJ will decide whether to bring charges. Lying to federal investigators is punishable by five years in prison. Trump tweeted about the OIG report. He talked about his skepticism about OIG’s Horowitz, who was appointed by Obama.
Why is A.G. Jeff Sessions asking the Inspector General to investigate potentially massive FISA abuse. Will take forever, has no prosecutorial power and already late with reports on Comey etc. Isn’t the I.G. an Obama guy? Why not use Justice Department lawyers? DISGRACEFUL!
— Donald J. Trump (@realDonaldTrump) February 28, 2018
DOJ just issued the McCabe report – which is a total disaster. He LIED! LIED! LIED! McCabe was totally controlled by Comey – McCabe is Comey!! No collusion, all made up by this den of thieves and lowlifes!
— Donald J. Trump (@realDonaldTrump) April 13, 2018
A further problem for McCabe: It was likely a conflict of interest for McCabe to oversee the probe into Clinton’s email. He should have recused himself. McCabe’s wife received a large political donation from Hillary Clinton ally Terry McAuliffe. Trump asked why McCabe wasn’t being investigated over that.
Why isn’t disgraced FBI official Andrew McCabe being investigated for the $700,000 Crooked Hillary Democrats in Virginia, led by Clinton best friend Terry M (under FBI investigation that they killed) gave to McCabe’s wife in her run for office? Then dropped case on Clinton!
— Donald J. Trump (@realDonaldTrump) May 18, 2018
While McCabe was denying being the leaker, he lectured others in the FBI about leaks. He actually accused two FBI agents of the leaks he had done.
McCabe also wrote memos about his meetings with Trump. Those were turned over to Robert Mueller, the special counsel who is looking into whether the Trump campaign colluded with Russia. Trump tweeted his skepticism about their legitimacy.
Spent very little time with Andrew McCabe, but he never took notes when he was with me. I don’t believe he made memos except to help his own agenda, probably at a later date. Same with lying James Comey. Can we call them Fake Memos?
— Donald J. Trump (@realDonaldTrump) March 18, 2018
The Violations of Law
The OIG found that McCabe violated two parts of the FBI Offense Code. One covers “Lack of Candor” under oath. The other covers “Lack of Candor” when not under oath. The second “does not require an explicit false statement.” It includes omitting or concealing a material fact. The report also found that McCabe committed misconduct by leaking the information.
The Senate Judiciary wants McCabe to testify at a hearing next week on the DOJ’s and FBI’s investigation into Clinton’s email server. But, as mentioned earlier, McCabe wants immunity from prosecution in exchange for testifying. This is quite telling.
McCabe is a self-serving official who abused the power of his office for personal gain. He didn’t want to be labeled as the guy who let Hillary Clinton off the hook. He broke the law not just once but at least four times. The OIG laid out the evidence in an exhaustive, solid case. There seems to be more than enough evidence to indict and convict him.
Follow Rachel on Twitter at Rach_IC.
