Former FBI Deputy Director Andrew McCabe has appealed to not be indicted by US attorney Jessie Liu’s recommendation. However, the Justice Department has dismissed his appeal, and it now appears that McCabe will face prosecution of what the US attorney alleges are false statements made to investigators.
The false statements in question are alleged to be related to an investigation into the Clinton Foundation. Despite recommendations from McCabe’s legal team that the prosecution be dismissed, they were informed over email on Thursday that their appeal was dismissed.
McCabe himself has stated he doesn’t agree with the inspector general’s findings about his statements regarding the Clinton Foundation investigation. McCabe’s attorneys insist that he only made factually inaccurate statements about the investigation after being ambushed by reporters and having questions posed in unclear and confusing ways.
To his credit, McCabe came forward after the fact and corrected his statements to investigators. The statements in question related to authorizing disclosure of information about the Clinton Foundation investigation to newspapers.
McCabe has responded, stating he had no intention of misleading anyone with his quotes about the 2016 investigation in the Clinton Foundation. According to McCabe’s lawyers, the charges against him are likely politically-motivated, and stem from Donald Trump’s desire to “strike back” at him over the FBI’s continued investigations into Trump’s administration.
McCabe took over the job of acting FBI director following the firing of James Comey. Since his appeal has been dismissed, it’s likely that McCabe will soon be indicted, which would represent the opening salvo from the beleaguered Trump into the forces he claims are working to undermine him. Trump has spent considerable energy online and in his own rallies to discredit law enforcement and government officials working to investigate him.
In 2017, after James Comey was fired, McCabe opened an obstruction of justice investigation into Trump. Then, in March of 2018, McCabe was fired two days before he was scheduled to retire and begin receiving early retirement benefits. He has filed suit against both the Justice Department and FBI over his firing, claiming it was a case of the president retaliating against him for opening the investigation.