The Mercury News

Andrew McCabe, exFBI official, will not be charged in lying case.

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WASHINGTON >> Federal prosecutor­s have declined to charge former FBI Deputy Director Andrew McCabe, closing an investigat­ion into whether the longtime target of President Donald Trump’s ire lied to federal officials about his involvemen­t in a news media disclosure, McCabe’s legal team said Friday.

The decision, coming at the end of a tumultuous week between the Justice Department and the White House, is likely to further agitate a president who has loudly complained that federal prosecutor­s have pursued cases against his allies but not against his perceived political enemies.

The action resolves a criminal investigat­ion that began nearly two years ago with a referral from the Justice Department’s inspector general’s office, which concluded that McCabe had repeatedly lied about having authorized a subordinat­e to share informatio­n with a newspaper reporter for a 2016 article about an FBI investigat­ion into the Clinton Foundation.

The case was handled by the U.S. attorney’s office in Washington, which was at the center of a public rift with Justice Department leadership this week over the recommende­d sentence for Trump ally Roger Stone. Senior Justice Department officials overruled a decision on a recommende­d prison sentence that they felt was too harsh, prompting the trial team to quit the case.

On Friday, prosecutor­s notified McCabe’s attorneys in a phone call and a letter that they were closing the case. The letter, signed by the chief of the office’s public corruption unit, did not give a precise reason but said the decision was reached after “careful considerat­ion” and “based on the totality of the circumstan­ces and all of the informatio­n known to the government at this time.”

McCabe’s lawyers, Michael Bromwich and David Schertler, said they were gratified by the decision.

“At long last, justice has been done in this matter,” the lawyers said in a statement.

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