Andrew McCabe

Federal prosecutors are in the final stages of making a decision on whether to indict former FBI Deputy Director Andrew McCabe on charges of lying to feds, including under oath.

The potential indictment of McCabe stems from the Inspector General’s findings that the FBI official lied to federal investigators.

McCabe was criminally referred to the US Attorneys office for prosecution in the Spring of 2018 and they are finally getting around to (maybe) indicting him.

The process has been dragged out because of internal deliberations and the case is taking so long that the term expired for the grand jury evidence. One of the lead prosecutors on the case has since left the DOJ out of frustration, according to the NYT.

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The New York Times reported:

Federal prosecutors in Washington appear to be in the final stages of deciding whether to indict Andrew G. McCabe, the former deputy F.B.I. director and a frequent target of President Trump, on charges of lying to federal agents, according to interviews with people familiar with recent developments in the investigation. In two meetings last week, Mr. McCabe’s lawyers met with the deputy attorney general, Jeffrey A. Rosen, who is expected to be involved in the decision about whether to prosecute, and for more than an hour with the United States attorney for the District of Columbia, Jessie K. Liu, according to a person familiar with the meetings. The person would not detail the discussions, but defense lawyers typically meet with top law enforcement officials to try to persuade them not to indict their client if they failed to get line prosecutors to drop the case.

Andrew McCabe, who was a part of the attempted coup to remove President Trump from the White House, was fired in March of 2018 by then-Attorney General Jeff Sessions.

Shortly after McCabe was fired, Inspector General Michael Horowitz released a scathing report on the FBI official and accused him of ‘lacking candor’ (lying) to federal agents several times, including under oath.

McCabe lied about authorizing disclosure to a Wall Street Journal reporter in October of 2016 for a story about the investigation into the Clinton Foundation.

According to the New York Times, a limited number of witnesses were called forward to testify to the grand jury, including former FBI lawyer Lisa Page.

Lisa Page defended McCabe and said that ‘he had no motive to lie to because he was authorized as the deputy F.B.I. director to share the information with the newspaper,’ reported The Times.

If McCabe were indicted, Trump’s base would be galvanized, however, it is important to note that Washington juries are very liberal so prosecutors will face challenges.

McCabe also sued the FBI over his firing earlier this month and claimed he was being retaliated against by President Trump.