Andrew McCabe sues FBI, Justice Department over firing

Washington — Andrew McCabe, the acting FBI director who authorized an investigation into President Donald Trump for ties to Russia and possible obstruction of justice, filed a lawsuit against the bureau and the Justice Department on Wednesday, alleging he was illegally demoted and fired as part of a plot by Trump to remove those who were not politically loyal to him.

McCabe asked that a federal judge declare his termination a “legal nullity” and essentially allow him to retire from the FBI as planned, with all the benefits that would have afforded him. He was fired in March 2018, a little more than 24 hours before McCabe was set to retire, costing him retirement benefits. The termination came after the Justice Department inspector general found that McCabe made an unauthorized disclosure to the media, then lied to investigators about it.

“It was Trump’s unconstitutional plan and scheme to discredit and remove DOJ and FBI employees who were deemed to be his partisan opponents because they were not politically loyal to him,” the lawsuit alleges, adding that McCabe’s firing “was a critical element of Trump’s plan and scheme.”

Justice Department and FBI spokeswomen declined to comment. White House officials did not immediately respond to a message seeking comment.

The suit is the second this week by former FBI officials who say they were wrongly removed from their positions for political reasons.