Former FBI Deputy Andrew McCabe loses appeal to avoid criminal charges

FBI McCabe

The inspector general accused McCabe of lying at least four times, three of them under oath, and even misleading Comey, his boss.

Former Attorney General Jeff Sessions fired McCabe in March 2018 after a series of clashes between President Trump and the FBI, which opened an investigation into him during the 2016 campaign that later was overtaken by the Russian Federation probe.

The Justice Department on Thursday notified lawyers for former FBI Deputy Director Andrew McCabe, a frequent target of President Donald Trump's wrath, that they have rejected his appeal to avoid being criminally charged, according to multiple news outlets citing multiple unnamed sources.

After he was sacked by Attorney General Jeff Sessions in 2018, McCabe set up a GoFund me page and received more than $500,000.

He was sacked in March 2018, just hours before he was due to retire, after the department issued a report saying he misled investigators with the Inspector General's office who were trying to determine whether he improperly shared information with a Wall Street Journal reporter for an October 2016 story that described internal debates roiling the Federal Bureau of Investigation and the Justice Department weeks before the presidential election about how aggressively the Clinton Foundation should be investigated.

McCabe has since filed a lawsuit claiming that Trump pressured the Justice Department to oust him.

McCabe and his legal team met with Deputy Attorney General Jeffrey Rosen and the USA attorney, Jessie Liu, on August 21 to appeal the recommendation, according to the person.

Fox News reported that Liu has recommended moving forward with charges against McCabe. McCabe's attorneys appealed that decision but were informed in a letter Thursday that their appeal has been rejected.

A spokesperson for the Justice Department did not immediately respond to TPM's request for comment. Terry McAuliffe, a Clinton ally, had helped fund an unsuccessful bid by McCabe's wife for a Democratic Virginia state Senate seat in 2015 when he was the state's governor.

Any indictment would put the spotlight not only on McCabe's actions, but also those of the Justice Department.

The investigation followed an October 2016 story in The Wall Street Journal that described internal debates roiling the FBI and the Justice Department weeks before the presidential election about how aggressively the Clinton Foundation should be investigated.

McCabe has said his 2018 firing - for what the Justice Department called "lack of candor" - was politically motivated.

The article recounted a particularly tense phone call between McCabe and a senior Justice Department official about the investigation.

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.

The Justice Department declined to prosecute Comey after the IG's office found that he had improperly handled memos he wrote about his one-on-one meetings with Trump before he was sacked.

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