In a statement from McCabe’s legal counsel, Michael R. Bromwich and David Schertler, the NYT report appears to have been confirmed:
“We learned this morning through a phone call from the D.C. U.S. Attorney’s Office that was followed by a letter that the Justice Department’s criminal investigation of Andrew McCabe has been closed. This means that no charges will be brought against him based on the facts underlying the Office of the Inspector General’s April 2018 report. At long last, justice has been done in this matter. We said at the outset of the criminal investigation, almost two years ago, that if the facts and the law determined the result, no charges would be brought. We are pleased that Andrew McCabe and his family can go on with their lives without this cloud hanging over them.”
And the letter from the DoJ confirms it:
I’m retracting my earlier tweets giving benefit of the doubt to Barr and Durham
If anyone should have been made an example of, it was McCabe. He was literally fired for a 1001 criminal violation.
This is unacceptable, and has shaken my confidence in both of them.
— John Cardillo (@johncardillo) February 14, 2020
“McCabe was literally fired for lying to the FBI.
Roger Stone and General Flynn were destroyed for same.
President Trump needs to pardon them now. Today. Don’t wait another second.
If Barr has an issue, he can resign. He dropped the ball here. I’m more furious by the minute.”
* * *
With General Flynn battling the system (and his previous legal team), and Roger Stone’s case jumping from re-trial to a now-withdrawn reccomendation of up to nine years in jail, it will come as no surprise that, according to The New York Times, former deputy F.B.I. director Andrew McCabe will not face charges in an investigation into whether he lied to investigators about a media leak.
As a reminder, the investigation into Mr. McCabe grew out of findings from the Justice Department inspector general, Michael E. Horowitz. He faulted Mr. McCabe in 2018 for misleading investigators when asked about the disclosure of information in 2016 to a Wall Street Journal reporter about an investigation into the Clinton Foundation.
According to the ubiquitous “people familiar with the matter,” NYT claims that a day after AG Barr complained about President Trump’s tweets, the decision not to charge McCabe appears to be a sign that Barr wants to show that the Justice Department is independent from Mr. Trump.
We strongly suggest that is a false assumption, but Mr. McCabe’s supporters viewed the investigation as politically motivated and inextricably tainted by Mr. Trump’s relentless attacks…. whereas, of course, probes into everyone whoever even breathed in the same room as Trump (or Putin) is not?
Of course, this anonymously sourced rumor-mongery – as usual – but we look forward to Barr’s strong denial, and/or Trump’s angry tweet at this decision.