It’s been a long time coming that someone may finally be criminally indicted for attempting a silent coup against President Trump. The breaking news that former FBI Deputy Director Andrew McCabe may finally face justice is encouraging. In that, a number of individuals (myself included) who believe in the concept of “Equal Justice Under Law” were beginning to doubt that anyone would be indicted, although at this moment it’s still only a recommendation.
However, as of this moment, U.S. Attorney Jessie Liu, in Washington is recommending that federal prosecutors move forward with criminally charging McCabe, as quickly as possible, according to individuals familiar with the case.
McCabe’s lawyers were informed of the recommendation to indict McCabe on Thursday, and immediately attempted to appeal the decision, which was quickly rejected by Deputy Attorney General Jeffrey Rosen.
Although the formal charges have yet to be spelled-out, it’s a safe bet that some of the charges against McCabe will be his willfully lying to the FBI involving leaks to the media, in particular to The Wall Street Journal days before the election concerning an FBI investigation into the Clinton Foundation.
The investigation by the Justice Department Inspector General found that McCabe ”misstated” his actual involvement regarding the leaks, which prompted then Attorney General Jeff Sessions to fire McCabe, just days before he would begin collecting retirement benefits.
Sessions said the deputy FBI director was removed after an “extensive and fair” probe of alleged misconduct, which concluded that he had made “an unauthorized disclosure to the news media and lacked candor — including under oath — on multiple occasions.
Investigators determined that McCabe, in order to promote his impartiality, authorized associates to disclose an Aug. 12th call between McCabe and the principal associate deputy attorney general to the Wall Street Journal. The call effectively confirmed the existence of the Clinton Foundation investigation, which Comey had refused to do.
The inspector general found McCabe “lacked candor” when he said he hadn’t authorized the disclosure and didn’t know who did while talking to Comey, when questioned under oath by FBI agents and then when questioned under oath by investigators for special counsel Robert Mueller.
“I never, ever intentionally misled the FBI inspection division, the office of the inspector general, or any director of the FBI, ever,” McCabe said at the time. “Not ever. I completely reject the findings, the conclusions and the recommendations in that inspector general report.”
The President applauded the decision by Sessions to fire McCabe calling it “a great day for democracy.” Trump also referenced McCabe a “major sleazebag” and suggested his actions were treasonous.
McCabe for his part hasn’t gone quietly into the night; in fact, he’s filed a lawsuit over his firing, saying that former Attorney General Sessions fired him because he wanted to satisfy Trump’s “unlawful whims.”
McCabe contends that his firing was due to his unwillingness to cave to Trump’s demands for loyalty. Stating that his removal was part of the Presidents “unconstitutional plan and scheme to discredit and remove” career law enforcement officials he deemed to be his political opponents, according to the 48-page complaint filed in federal court.
The recommendation by Federal prosecutors to indict McCabe will undoubtedly need to meet the DOJ’s guidelines similar to the guidelines that prevented the Justice Department to move forward with a criminal indictment against Comey.