Justice Department rejects Andrew McCabe’s appeal to avoid prosecution
WASHINGTON — Former acting FBI director Andrew McCabe’s legal team has been notified that the Justice Department authorized prosecutors to seek an indictment against him for lying to investigators, according to two people familiar with the matter, though it remains unclear whether McCabe will be charged.
McCabe’s team was notified of Deputy Attorney General Jeffrey Rosen’s decision in a message Wednesday, which said, “The Department rejected your appeal of the United States Attorney’s Office’s decision in this matter. Any further inquiries should be directed to the United States Attorney’s Office,” one person familiar with the matter said.
McCabe’s team was told last month that line prosecutors had recommended charges and, later, that District of Columbia U.S. Attorney Jessie K. Liu had endorsed that decision, a person familiar with the matter said. Last month, McCabe’s team had appealed to Rosen in what was considered one of the final efforts to persuade officials not to move forward and seek an indictment from a grand jury.
The legal team had been waiting to hear back.
The notification comes as a federal grand jury investigating McCabe was suddenly recalled this week after a monthslong hiatus — an indication its members would likely be asked soon to consider bringing charges. But the panel was let go Thursday with no immediate signs of an indictment — a sign they might have balked, been asked to return later or filed a determination under seal.
To bring an indictment, prosecutors would have to convince 12 of the 23 grand jurors to sign onto the decision. If grand jurors turn them down, it is possible for prosecutors to call in a new group, though they would then have to start the process over.
The decision, whenever it is made clear, is likely to inflame partisan divisions and once again thrust the Justice Department to the center of a political combat zone.
McCabe authorized the FBI to begin investigating President Donald Trump and has long been a target of the commander in chief’s ire. His defenders are likely to view any charges against him as the most sinister form of Trump’s revenge.