CNN Reports Their New Contributor Andrew McCabe Lost Appeal to Avoid Prosecution

Former FBI Deputy Director Andrew McCabe last year was referred to the U.S. Attorney for criminal charges by the Department of Justice Inspector General Michael Horowitz. McCabe’s lawyers had made an appeal to avoid prosecution. Today, United States Attorney for the District of Columbia Jessie K. Liu has recommended moving forward with charges for fired Deputy FBI Deputy Director Andrew McCabe after he allegedly lied under oath multiple times to federal investigators.

CNN reports today:

The Justice Department has rejected an appeal from former FBI Deputy Director Andrew McCabe of a recommendation to indict him made by the US attorney in Washington, DC, sources familiar with the situation say. The US attorney has been scrutinizing alleged false statements McCabe made to investigators regarding his involvement in a newspaper report about an investigation into the Clinton Foundation published days before the 2016 presidential election. The US attorney, Jessie Liu, recommended that McCabe should be indicted, and in a meeting with Deputy Attorney General Jeffrey Rosen at the Justice Department late last month, McCabe’s attorneys argued against that recommendation, one of the sources said. On Thursday, a senior DOJ official sent McCabe’s legal team an email saying that that appeal had been rejected, according to a second person who is close to the legal team.

The Following is from the IG report as summarized by Town Hall:

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.

Back in February of this year, Anderson Cooper questions McCabe on the allegations against him and his firing from the FBI. McCabe basically says he has deep and substantive disagreements with the results of the IG report and also what’s not in the report but that he is not at legal liberty to talk about it yet. Check out the CNN video below:

After McCabe was fired he set up a GoFund Me account to raise money for his legal fees, it raised over $500,000 before it was closed to donations.

Currently, McCabe is a CNN Contributor, but it looks as though he will be facing charges for his alleged lies, which could cause a conflict of interest there.