Why Won’t the DOJ Charge Andrew McCabe With the Crimes He Committed?

One set of rules for Dems, another set of rules for everyone else.

Via National Review

The Justice Department announced Friday that it is closing its investigation of Andrew McCabe, the FBI’s former deputy director, over his false statements to investigators probing an unauthorized leak that McCabe had orchestrated. McCabe was fired in March 2018, shortly after a blistering Justice Department inspector general (IG) report concluded that he repeatedly and blatantly lied — or, as the Bureau lexicon puts it, “lacked candor” — when questioned, including under oath.

Why not indict McCabe on felony false-statements charges? That is the question being pressed by incensed Trump supporters. After all, the constitutional guarantee of equal justice under the law is supposed to mean that McCabe gets the same quality of justice afforded to the sad sacks pursued with unseemly zeal by McCabe’s FBI and Robert Mueller’s prosecutors. George Papadopoulos was convicted of making a trivial false statement about the date of a meeting. Roger Stone was convicted of obstruction long after the special counsel knew there was no Trump–Russia conspiracy, even though his meanderings did not impede the investigation in any meaningful way. And in the case of Michael Flynn’s false-statements conviction, as McCabe himself acknowledged to the House Intelligence Committee, even the agents who interviewed him did not believe he intentionally misled them.

I emphasize Flynn’s intent because purported lack of intent is McCabe’s principal defense, too. Even McCabe himself, to say nothing of his lawyers and his apologists in the anti-Trump network of bureaucrats-turned-pundits, cannot deny that he made false statements to FBI agents and the IG. Rather, they argue that the 21-year senior law-enforcement official did not mean to lie, that he was too distracted by his high-level responsibilities to focus on anything as mundane as a leak — even though he seemed pretty damned focused on the leak while he was orchestrating it.

The “he did not believe he intentionally misled them” defense is not just implausible; it proved unavailing on McCabe’s watch, at least in General Flynn’s case. Hence, McCabe has a back-up plan: To argue that it would be extraordinary — and thus unconstitutionally selective and retaliatory — for the Justice Department to prosecute a former official for false statements in a “mere” administrative inquiry (which the leak probe was), as opposed to a criminal investigation. Again, tell that to Flynn, with whom the FBI conducted a brace-style interview — at the White House, without his counsel present, and in blithe disregard of procedures for FBI interviews of the president’s staff — despite the absence of a sound investigative basis for doing so, and whom Mueller’s maulers squeezed into a guilty plea anyway.

It will be a while before we learn the whole story of why the Justice Department walked away from the McCabe case, if we ever do. I have some supposition to offer on that score. First, however, it is worth revisiting the case against McCabe as outlined by the meticulous and highly regarded IG, Michael Horowitz. If you want to know why people are so angry, and why they are increasingly convinced that, for all President Trump’s “drain the swamp” rhetoric, a two-tiered justice system that rewards the well-connected is alive and well, consider the following.

In October 2016, McCabe directed his counsel, Lisa Page, to leak investigative information about the FBI’s Clinton Foundation probe to reporter Devlin Barrett, then of the Wall Street Journal. The leak had the effect of confirming the existence of the investigation, something the FBI is supposed to resist. While his high rank gave him the power to authorize such a disclosure if it were in the public interest, the IG found that McCabe’s leak “was clearly not within the public interest.”

In fact, the Bureau’s then-director, James Comey, had tried to keep the Clinton Foundation probe under wraps, refusing to confirm or deny its existence even to the House Judiciary Committee. Comey had been right to stay mum: Public revelation would have harmed the probe and thrust the FBI deeper into the politics of the then-imminent 2016 presidential election, in which Hillary Clinton was the Democratic candidate and her investigation by the Bureau was an explosive campaign issue.

Notwithstanding these concerns, according to Horowitz’s report, McCabe orchestrated the leak “to advance his personal interests” — to paint himself in a favorable light in comparison to Justice Department officials amid an internal dispute about the Clinton Foundation probe (specifically, about the Obama Justice Department’s pressure on the Bureau to drop it). As the IG put it: “McCabe’s disclosure was an attempt to make himself look good by making senior department leadership . . . look bad.”

……FBI’s Inspection Division (INSD) opened an investigation of the leak. On May 9, 2017, McCabe denied to two INSD investigators that he knew the source of the leak. This was not a fleeting conversation. McCabe was placed under oath, and the INSD agents provided him with a copy of Barrett’s article. He read it and initialed it to acknowledge that he had done so. He was questioned about it by the agents, who took contemporaneous notes. McCabe told the agents that he had “no idea where [the leaked information] came from” or “who the source was.”

On July 28, 2017, McCabe was interviewed by the IG’s office — under oath and recorded on tape. In that session, he preposterously claimed to be unaware that Page, his FBI counsel, was directed to speak to reporters around the time of the October 30 Journal report. McCabe added that he was out of town then, and thus unaware of what Page had been up to. In point of fact, McCabe had consulted closely with Page about the leak. A paper trail of their texts and phone contacts evinced his keen interest in Page’s communications with Barrett. Consequently, the IG concluded that McCabe’s denials were “demonstrably false.”

……when he was given an opportunity to come in and explain himself, he compounded his misconduct by making more false statements while under oath: In an interview with investigators on November 29, 2017, McCabe purported to recall informing Comey that he, McCabe, had authorized the leak, and that Comey had responded that the leak was a good idea.

These were quite stunning recollections, given that the deputy director had previously disclaimed any knowledge about the source of the leak. But McCabe took care of that little hiccup by simply denying his prior denial. That is, he insisted that he had not feigned ignorance about the leak when INSD interviewed him on May 9.

……Again, the IG concluded that McCabe’s version of events was “demonstrably false.”

McCabe wasn’t just privy to the conversation between Peter Strzok and Lisa Page when they discussed an ‘insurance policy,’ against a Trump presidency, he was part of it.  He also initiated White House meetings that produced ‘anonymous source’ leaks promoting the false ‘Trump-Russian collusion’ story.

He  altered the summary of the interview with Mike Flynn, and destroyed the evidence.

Sidney Powell served in the Department of Justice for ten years in Texas and Virginia. She recently published a book entailing the rampant corruption in the DOJ.  The book is a summary of the DOJ’s malfeasance, including a suicide, a likely murder and wrongful imprisonment.

The entire DOJ needs an overhaul.

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