Former FBI deputy director Andrew McCabe's case referred to federal prosecutors

WASHINGTON — The Justice Department's inspector general has asked federal prosecutors to review findings that former FBI deputy director Andrew McCabe misled investigators about his role in providing information to the media before the 2016 election.

Michael Bromwich, McCabe's attorney, said Thursday that he was advised within the past few weeks of the action. It prompts an examination into whether his client, who also served as interim FBI director following President Trump's abrupt dismissal of James Comey last year, should be criminally charged.

"Although we believe the referral is unjustified, the standard for a referral is very low," Bromwich said. "We have already met with staff members from the U.S. attorney’s office. We are confident that, unless there is inappropriate pressure from high levels of the administration, the U.S. attorney's office will conclude that it should decline to prosecute.”

Federal authorities, including a spokesman for the inspector general, declined comment Thursday.

Last week, Justice inspector general Michael Horowitz disclosed that McCabe "lacked candor, including under oath, on multiple occasions" when asked about his role in giving information about a Clinton Foundation investigation to a Wall Street Journal reporter in October 2016. That "lack of candor" violated FBI rules, according to Horowitz's report.

The Journal's report centered on a dispute between the FBI and the Justice Department over how to handle a probe into the Clinton Foundation, a non-profit organization created by former president Bill Clinton, former secretary of State Hillary Clinton, and their daughter, Chelsea Clinton.

McCabe told investigators he didn't authorize anyone at the FBI to talk to the reporter, when actually he had approved it, according to the report.

"McCabe's disclosure of the existence of an ongoing investigation in the manner described in this report violated the FBI's and the Department's media policy and constituted misconduct," the report concluded.

Based on preliminary findings in the report, Attorney General Jeff Sessions fired McCabe last month, just days before he would have been eligible for retirement benefits. As deputy director, McCabe had been a frequent target of Trump, who accused him of bias.

Responding to the inspector general's report last week, Bromwich said that McCabe was authorized to share information with the press and did nothing wrong in helping the reporter. He also said McCabe is considering filing civil lawsuits against Trump and senior members of the administration for "wrongful termination, defamation, constitutional violations and more."

"The core weakness of the (inspector general's report) is the lack of any understandable motive for his (McCabe's) alleged wrongdoing," Bromwich said last week. "It is undisputed that Mr. McCabe was one of three senior FBI officials authorized to share information with the media, including on sensitive investigative matters."

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