McCabe could face criminal charges for alleged lies
WASHINGTON — Andrew McCabe, the FBI deputy director fired last month for allegedly misleading FBI officials about his role in media disclosures about the Hillary Clinton probe, could face criminal charges after the Justice Department’s inspector general sent a criminal referral to federal prosecutors.
The move by the DOJ’s watchdog opens the door to a criminal investigation and potential charges including lying to the FBI and perjury. Last week the office released a report concluding McCabe did not give candid answers to investigators and his then-boss, former FBI Director James Comey, about his role in authorizing officials to give information to the media about the probe of the Clinton Foundation in 2016.
The referral is also a political boon for President Trump, who has assailed McCabe for months as a partisan player, frequently bringing up McCabe’s wife’s failed campaign for the Virginia legislature, and funding she received from former Virginia Gov. Terry McAuliffe’s PAC, citing McAuliffe’s close ties to Clinton.
Trump tweeted last night: “James Comey just threw Andrew McCabe ‘under the bus.’ Inspector General’s Report on McCabe is a disaster for both of them! Getting a little (lot) of their own medicine?”
While the move does not mean McCabe will face an indictment, “it indicates that they believe there is sufficient evidence that McCabe committed a crime to warrant a criminal investigation,” said Renato Mariotti, legal analyst and former federal prosecutor.
McCabe has denied wrongdoing. In a statement, McCabe’s attorney Michael Bromwich called the referral “unjustified,” adding: “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.”
Comey, who has spent the week promoting his new memoir in a flurry of media appearances, told CNN that he could be a witness in the investigation.
“Sure, given that the report reflects interactions that Andy McCabe had with me and other FBI senior executives, I could well be a witness,” Comey said.
Asked how he felt about allegations that McCabe lied to the FBI, Comey said he was “conflicted.”
“I like him very much as a person, but sometimes even good people do things they shouldn’t do,” Comey said, adding that the Justice Department’s “accountability mechanisms are working.”
“It’s a department that is committed to the truth,” Comey said.