Former FBI Director Andrew McCabe has had a rough time since being fired before retirement, and is now facing a criminal referral due to his criminal conduct which included leaking and lying to investigators.
After reviewing the situation, the Justice Department’s Inspector General Michael Horowitz recommended criminal charges be brought against McCabe, and referred the case to a top federal prosecutor.
Jesse Liu, a native Texan and the U.S. Attorney for the District of Columbia, is a Trump-appointed prosecutor, and was appointed in 2017.
Liu has not given a statement as to whether she will seek to prosecute McCabe, but her predecessor, former U.S. Attorney Joseph diGenova, said that he believes that the possibility of the former Deputy Director of the FBI being prosecuted is “an inevitability.”
McCabe’s fate rests with Trump-appointed prosecutor https://t.co/xD3aOJ77pY
— Fox News (@FoxNews) April 20, 2018
As reported by FoxNews
Fired FBI official Andrew McCabe’s fate rests in the hands of a Trump-appointed prosecutor, now that the Justice Department’s inspector general has sent a criminal referral over an investigative finding that he lied to James Comey and bureau investigators about a media disclosure.
That referral, sent by Inspector General Michael Horowitz, is now being considered by the U.S. attorney for the District of Columbia, Jessie Liu. President Trump appointed Liu in July 2017.
“We were advised of the referral within the past few weeks,” McCabe’s counsel, Michael Bromwich, a former Justice Department inspector general, said in a statement. “Although we believe the referral is unjustified, the standard for an IG referral is very low. We have already met with staff members from the U.S. Attorney’s Office.”
Bromwich added, “We are confident that, unless there is inappropriate pressure from high levels of the administration, the U.S. Attorney’s Office will conclude that it should decline to prosecute.”
McCabe, the former FBI deputy director, is not alone in facing IG problems. It emerged Friday that even Comey is the subject of an IG review over his handling of classified information in memos he penned. But McCabe faces greater risk now that the findings of his case have been referred to the U.S. attorney.
Liu is a Republican and has a long history of political donations to GOP candidates, according to Open Secrets political donation records, but it does not appear that she donated to Trump.
Liu was criticized during her Senate confirmation hearing last year when it was revealed that she met with Trump at least once while being considered for the post — an unprecedented step in the process for potential U.S. attorney nominees.
But whether Liu will opt to prosecute McCabe is unclear. Referrals do not guarantee that charges will be brought, nor do they require prosecutors to act in any way.
Officials from the Justice Department, the inspector general’s office and the U.S. attorney’s office all declined to comment on the referral.
According to Federal Code 18 USC 1001, someone prosecuted for making false statements could face a fine and/or up to five years imprisonment.
Former high-ranking Justice Department official James Trusty, who served under Presidents George W. Bush and Barack Obama, told Fox News that prosecution was unlikely.