The lawsuit does not directly challenge Andrew McCabe’s dismissal, but rather claims that the Justice Department is violating the law by refusing to identify and share the internal policies that led to his termination one day short of the 20 years’ service he would need to be eligible for an immediate pension. | Alex Wong/Getty Images Andrew McCabe’s lawyer sues Justice Department

A lawyer for Andrew McCabe, the fired deputy director of the FBI, is suing the Justice Department and the FBI, claiming that his client is being denied access to records critical to defending him in connection with the misconduct allegation that led to his dismissal in March.

In the suit, filed Tuesday evening in U.S. District Court in Washington, McCabe’s attorney David Snyder demands copies of manuals and policies used by the Justice Department Office of Inspector General and the FBI in conducting investigations and carrying out employee discipline.


The lawsuit claims that McCabe’s firing “violated federal law and departed from applicable administrative rules, standards, policies, and procedures.” The suit does not directly challenge McCabe’s dismissal, but rather claims that the Justice Department is violating the law by refusing to identify and share the internal policies that led to his termination one day short of the 20 years’ service he would need to be eligible for an immediate pension.

“Defendants have publicly claimed, again and again, that they complied with all applicable law, policies, and procedures when they investigated, adjudicated, and dismissed Mr. McCabe from the FBI,” the suit says. “Plaintiff has repeatedly requested that Defendants disclose those policies and procedures. Those requests have been denied by some of the same high-ranking officials who were involved in, or were responsible for, the investigation, adjudication, and/or dismissal of Mr. McCabe.”

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McCabe’s attorney’s suit says that most or all of the policies at issue should be publicly available online or in agency reading rooms open to the public, but Justice officials have rebuffed requests for the documents.

Spokespeople for the Justice Department, the Office of Inspector General and the FBI declined to comment on the suit Tuesday evening.

Attorney General Jeff Sessions fired McCabe in March, citing findings from the inspector general that “McCabe had made an unauthorized disclosure to the news media and lacked candor — including under oath — on multiple occasions.”

The suit comes two days before the inspector general’s office is set to release a highly anticipated report on alleged politicization of the FBI and Justice Department during the 2016 presidential election.

