Politics

Justice Department filing makes it likely Andrew McCabe won’t be prosecuted for leaking, lying

A court filing by the Justice Department makes it unlikely former FBI Deputy Director Andrew McCabe will be prosecuted after being fired for unauthorized leaks to the media.

The filing on Wednesday notes that the department will no longer shield documents regarding McCabe from public release.



In its filing, the DoJ said it withdraws its argument that releasing public records related to McCabe would interfere with an enforcement proceeding that is ongoing, the Washington Times reported.

Typically, the government only invokes the exception, known as 7(A), when it is involved in an ongoing investigation or prosecution.

“Defendant hereby informs the court that it is withdrawing its invocation of Exemption 7(A) over information related to the proceeding,” Justice Department lawyers wrote.

The Times noted that attorneys for McCabe declined comment.

The court filing came as the DoJ faced a deadline set by a federal judge to announce whether or not criminal charges against McCabe would be filed.



In October U.S. District Judge Reggie Walton set a Nov. 15 deadline for the Justice Department to say whether or not it will indict the former ranking FBI official.

If the government failed to state whether or not it would charge McCabe, Walton said he would begin releasing documents related to McCabe’s case.

“So the government will have to make the call. If it doesn’t, I’m going to start ordering the release of information,” Walton said. “I think our society, our public does have a right to know what’s going on.”

Critics of McCabe hoped that he would be charged in relation to his alleged role in a counterintelligence operation against the 2016 Trump campaign.

Documents and reports indicate that McCabe may have released information to the media in furtherance of that counterintelligence operation.

McCabe was fired by then-Attorney General Jeff Sessions for unauthorized leaks of sensitive information to the media, then lying about it to federal investigators.

21 Comments

  1. So…Hillary…comey…and now mccabe skate …not because they are innocent mind you ….because there is clear…irrefutable hard evidence that they committed crimes… and they even list them and the statutes/laws they violated…but because why? Government would collapse because the whole of government is corrupt? I just do not get it…you or I would be treated like murderers and get solitary 23 hrs a day!

  2. Well folks, there you have it. There will be no jail time or even trials for that matter. We have two justice systems, one for the haves and one for the have nots. Now it is clear that the government we thought we had a say in snubs its nose at us and does as it likes. I no longer recognize the government, it is illegitimate.

  3. Where is justice, where is the rule of law? Unless, you got a bigger charge for these treasonous, egomaniacal, arrogant sobs, Barr and Durham? They tried to take down a duly elected POTUS, lied, abused their power and violated their oaths and there is a whole rats nest full of them in DC. We the People, demand justice.

  4. If he isn’t prosecuted I will lose all Confidence in our Justice System.There is NO JUSTICE in America when Traitors go free.

  5. So, did anybody EVER expect any of the COUP leaders of being prosecuted? I never. We have NO Justice department in this country any more. Every one of them are guilty of Treason and Sedition and there has been NOT ONE indictment. Yet Manafort was targeted and prosecuted for crimes dating back to 2007, because he dared work for the Trump Campaign. Lt. General Michael Flynn, 33+ years having served his country in five war zones set-up, railroaded and bankrupted for daring to become a Trump Security Advisor. Gerorge Papadapoulos, set up and convicted on trumped up charges. Roger Stone, Accused of leaking information to WikiLeaks because he dared to befriend Donald Trump. Totally disgusting of my country….

  6. Sadly, this comes as no surprise to me. I thought, after Barr assumed the helm, that McCabe would receive the justice due to him for his seditious actions. Then, as time moved on, it became apparent that Barr is going to be just another of the ubiquitous creatures infesting the murky depths of the swamp. I also, sadly, predict this will be standard procedure for the “imminent” (for the last 3 months!) DOJ IG’s “bombshell” report. Lots of talk and footnotes but no criminal referrals, nothing of import on the FISA corruption and a “Let’s all go home and celebrate!” ending.

    1. Yes Barr took all that time just figuring out how to sluff it all because we knew too much.It wasn’t to bring people trying to overthrow elected government to justice. it was to get them off. Epstein did not kill himself.

    2. I am trying to have hope for justice, but I keep thinking how easily Barr’s appointment went through the senate, despite a few fake grublings from the usual suspects. He is also a lifelong swamp dweller. If you are a true Republican, you do not last long in politics. Just look at all the longtime residents in the swamp.

  7. When did judges start giving prosecutors a deadline for filing charges or indictments? Providing documents, I understand, but not charges.

  8. Somebody better tell Hannity , Bongino, Di Genova , Solomon , Levin , Sara Carter et al that the furies from Hell that were coming for the swamp people just crashed and burned. Now,Horowitz, Barr and Durham can go to the DC Christmas/ Hannukah and New Years parties as honored guests. I hope the 40 pieces of silver in their gift bags pleases them.

  9. Did anyone here, in comments, even HOPE that McCabe would be prosecuted? I never thought it for a moment. None of them will be.

  10. the article doesn’t say he won’t be prosecuted. it says the judge gave a deadline before he starts to release documents. the doj missed the deadline, but i’m sure it’s because they are still investigating.
    he lied to investigators for christs sake. trump people are doing time for just that………………js

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