Mccabe's Actions: Lawful Or Unlawful?

Andrew McCabe, the former FBI deputy director, was fired in March 2018 for allegedly lying to federal agents about a disclosure he made to the media in 2016. McCabe has disputed these charges, and his lawyers have urged prosecutors not to pursue charges, citing a lack of probable cause. The Justice Department has said he was fired because he broke FBI rules by improperly disclosing information to journalists related to an investigation into Hillary Clinton. McCabe has sued the Justice Department and the FBI over his firing, claiming it was politically motivated and part of a plan to discredit and remove employees deemed partisan opponents by former President Donald Trump. The question of whether McCabe broke the law remains a subject of debate, with some arguing that he misled investigators and others claiming he is being unfairly targeted for his role in investigations involving Trump.

Lying to federal agents

Andrew McCabe, the former Deputy Director of the FBI, was accused of lying to federal agents on multiple occasions, including while under oath. The Justice Department's inspector general concluded that McCabe had "lacked candor" and misled investigators about his role in disclosing information to the media regarding an investigation into the Clinton Foundation. Specifically, McCabe was found to have authorized the disclosure of information about a phone call he received from a senior Justice Department official expressing concerns about the FBI's investigation during the 2016 election season.

The inspector general's report determined that McCabe lied when he told then-FBI Director James Comey that he had not authorized the disclosures to the Wall Street Journal and did not know who did. He repeated this lie when questioned by agents from the FBI's Inspection Division and the Office of the Inspector General. Only during a second round of questioning by the inspector general did McCabe acknowledge that he had authorized the disclosure.

The report concluded that McCabe's disclosure of the existence of an ongoing investigation violated the FBI's and the Department's media policy and constituted misconduct. McCabe's actions were found to be "designed to advance his personal interest at the expense of department leadership," which was a violation of FBI policy. McCabe disputed the report's conclusions and claimed that his firing was politically motivated.

The question of whether McCabe would be prosecuted for his actions was raised, as lying to a federal agent is a felony, even if the individual is not under oath. Ultimately, the Justice Department declined to prosecute McCabe, and in October 2021, the government settled a wrongful termination lawsuit he had filed, agreeing to rescind his termination, restore his pension and benefits, and pay his legal fees.

Lying under oath

McCabe's lawyers argued that he had the authority to release such information and that his statements about his involvement were not contradictory. However, a 2018 report by the Justice Department's Inspector General concluded that McCabe's disclosure violated the FBI's media policy and that he had lacked candor, including under oath when describing his actions to investigators. This report led to McCabe's firing and the loss of his pension in March 2018 by then-Attorney General Jeff Sessions.

The consequences of McCabe's alleged lying under oath extended beyond his dismissal from the FBI. In April 2018, the Office of the Inspector General (OIG) released a report that found McCabe had lied to or misled federal investigators at least four times, with three of these instances occurring under oath. As a result of the OIG's findings, McCabe faced the possibility of criminal charges and indictment by a grand jury.

Despite the serious allegations, McCabe consistently denied any wrongdoing and disputed the conclusions of the OIG report. He claimed that his firing was politically motivated and filed a wrongful termination lawsuit against the Department of Justice in August 2019. McCabe's lawyers also urged prosecutors not to pursue charges, citing rumours that the grand jury had failed to indict him. In February 2020, the Justice Department informed McCabe's attorneys that they had declined to prosecute him.

Improperly disclosing information

Andrew McCabe, the former Deputy Director of the FBI, was accused of improperly disclosing information to journalists related to an investigation into Hillary Clinton. Specifically, he was alleged to have authorised a discussion with the Wall Street Journal about the FBI's investigation into the Clinton Foundation. This was in response to a Wall Street Journal article that claimed McCabe was impartial in the investigation due to donations to his wife's campaign as a Democrat for the Virginia State Senate by Hillary Clinton's close political ally, Terry McAuliffe.

The Justice Department's Inspector General concluded in a 2018 report that McCabe's disclosure violated the FBI's media policy and constituted misconduct. The report stated that McCabe's disclosure was made to advance his personal interests and that he contradicted his statements about his involvement in the disclosure when questioned by investigators in 2017. McCabe disputed the report's conclusions, claiming that his firing was politically motivated.

The report led to McCabe's dismissal from the FBI by then-Attorney General Jeff Sessions in March 2018, just a day before his planned retirement. As a result of his termination, McCabe was denied a full pension. McCabe sued the Justice Department over his firing, arguing that it was "politically motivated and retaliatory". In October 2021, the Justice Department reversed McCabe's firing, settling the lawsuit and agreeing to restore his pension and other benefits.

In addition to the allegations of improper disclosure, McCabe was also accused of lying to federal agents about the disclosure. A grand jury investigated McCabe and, in September 2019, federal prosecutors recommended that he be indicted for actions related to the leak. However, the grand jury did not return an indictment, and in February 2020, the Justice Department informed McCabe's attorneys that it had declined to prosecute him.

Violating the FBI's media policy

Andrew McCabe, the former Deputy Director of the FBI, has been accused of violating the FBI's media policy. The accusation stems from a 2016 disclosure to The Wall Street Journal (WSJ) about an investigation into the Clinton Foundation.

McCabe authorized the discussion with the WSJ to rebut a story that claimed he was impartial in the investigation. The WSJ reporter had previously written about McCabe's wife, who took campaign donations from Hillary Clinton's close political ally, Terry McAuliffe, for her run in a state election in Virginia.

While McCabe had the authority to release such information to the media, a 2018 report by the Justice Department's Inspector General concluded that he did so to "advance his personal interest" and "violated" the FBI's media policy. The report also stated that McCabe contradicted his statements about his involvement in the disclosure when questioned by investigators in 2017.

As a result of the Inspector General's report, then-Attorney General Jeff Sessions fired McCabe in March 2018, just a day before his planned retirement. The firing denied McCabe his full pension.

McCabe has disputed the report's conclusions and claimed that his firing was politically motivated. He sued the FBI and the Justice Department, alleging that his dismissal was part of an "unconstitutional plan and scheme to discredit and remove DOJ and FBI employees who were deemed to be [Trump's] partisan opponents."

In February 2020, the Justice Department informed McCabe's attorneys that they had declined to prosecute him. However, the controversy surrounding the case and the potential violation of the FBI's media policy by McCabe remain a subject of debate.

Wrongful termination

Andrew McCabe, the former FBI deputy director, faced termination from his position in March 2018, just a day before his planned retirement. The termination was based on allegations that he had improperly disclosed information to journalists related to an investigation into Hillary Clinton and had misled agents questioning him about it. McCabe disputed these charges, claiming that his firing was politically motivated and amounted to wrongful termination.

In August 2019, McCabe filed a wrongful termination lawsuit against the Department of Justice (DOJ), asserting that his firing was a result of Trump's improper political interference. He argued that he was entitled to his full law enforcement pension and other benefits that were withheld. McCabe's lawyers urged prosecutors not to pursue charges, citing that a grand jury had failed to indict him, indicating a lack of probable cause.

In October 2021, McCabe settled the wrongful termination suit with the DOJ. As part of the settlement, the government agreed to rescind and vacate McCabe's termination, correct its records to reflect his continuous employment with the FBI until his retirement in good standing, restore his pension and benefits, pay his legal fees, and expunge any record of his firing. The DOJ also agreed to pay over $500,000 in legal fees and $200,000 in missed pension payments.

While McCabe successfully resolved his wrongful termination case, he continues to face legal battles. In December 2024, it was reported that McCabe would face an investigation into allegations of lying under oath if he attempted to reactivate his law license in Pennsylvania. This investigation was prompted by a grievance filed by an activist lawyer, citing concerns about McCabe's behavior during the 2016 campaign and its aftermath.

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