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Jonathan Turley, a George Washington University Law School professor, said it's strange that top FBI official Andrew McCabe appears to be "worried more about pensions than prison."

Fox News has learned that the FBI’s Office of Professional Responsibility made the recommendation to terminate McCabe. Attorney General Jeff Sessions is reviewing that recommendation and if he approves it by Friday at 5 p.m. EDT, McCabe would not receive his pension benefits.

McCabe could be fired for allegedly helping to leak information on the 2016 Clinton Foundation probe and not being forthcoming about the FBI's Hillary Clinton email probe.

On Fox News’ “The Story with Martha MacCallum" on Thursday, Turley told MacCallum that McCabe possibly should be more concerned about his own legal jeopardy, pointing out that if he misled investigators, he could be charged like former National Security Adviser Michael Flynn.

Flynn faces a prison stint after pleading guilty to making a false statement about a meeting with Russian diplomats during the Trump transition period, even though former FBI Director James Comey concluded that Flynn did not intend to lie and should not be charged criminally for the omission.

"That's apparently not the conclusion of the inspector general with regard to McCabe," Turley said.

He added that Flynn was accused of misleading investigators about something that wasn't illegal, but what McCabe did was a violation.

Despite that, he said it's unlikely that McCabe will be charged.

“This is part of the sort of 'Animal Farm' existence we have in Washington, where everyone's equal but some people are more equal than others." Turley said. "McCabe is one of those people that may be more equal than others."

Watch the "Story" segment above, and get Judge Andrew Napolitano's thoughts on McCabe.

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