Andrew McCabe

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Re: Mueller's investigation

Post by Slim Cognito »

Kendra wrote: Thu Sep 12, 2019 2:18 pm Do they need a grand indictment?
The journalist being interviewed on MSNBC said something about a grand jury. Sorry, I don't have a link.

And the trial would have to be in DC, right? Not really a trump-favorable jury pool.
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Re: Mueller's investigation

Post by Kendra »

Slim Cognito wrote: Thu Sep 12, 2019 2:25 pm
Kendra wrote: Thu Sep 12, 2019 2:18 pm Do they need a grand indictment?
The journalist being interviewed on MSNBC said something about a grand jury. Sorry, I don't have a link.

And the trial would have to be in DC, right? Not really a trump-favorable jury pool.
Thanks. I'll tune into MSNBC once the customers currently in the lobby leave :-

Nicole Wallace should be good today.
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Re: Mueller's investigation

Post by MN-Skeptic »

USA Today -

Federal prosecutors recommend that Andrew McCabe, former FBI second-in-command, be indicted
Federal prosecutors have recommended bringing criminal charges against Andrew McCabe, the former deputy director of the FBI and a frequent target of criticism by President Donald Trump, according people familiar with the decision Thursday.

McCabe was fired from the FBI just before his retirement in March 2018 after the Justice Department's internal watchdog concluded that he had improperly authorized a leak about a federal investigation into the Clinton Foundation in the final weeks of the 2016 presidential campaign. Investigators also concluded that he displayed a lack of candor when asked about the leak.

The U.S. Attorney in Washington, Jessie Liu, recommended moving forward with unspecified charges against McCabe, according to people familiar with the situation who were not authorized to comment publicly. McCabe's lawyers appealed that decision to Deputy Attorney General Jeffrey Rosen, who rejected their request, one of the people said. McCabe's lawyers were informed of that decision Thursday.

The decision clears the way for McCabe to face a criminal charge.

The U.S. Attorney's Office in Washington declined to comment.
More at the link.
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Re: Andrew McCabe

Post by Orlylicious »

Jessie Liu is part of the Federalist Society and Wiki says, "Liu worked for the transition team of President-elect Donald Trump, and in 2017 became deputy general counsel at the United States Department of the Treasury. In June 2017, President Trump nominated Liu to become the next United States Attorney for the District of Columbia, which is the country's largest U.S. Attorney's office, with more than 300 prosecutors. Liu was confirmed by the Senate by voice vote in September 2017."

Once again, this is about mishandling Clinton information, McCabe had lack of candor about the Clinton Foundation. Clearly they are in search of an problem.
Federal prosecutors recommend that Andrew McCabe, former FBI second-in-command, be indicted
Bart Jansen, USA TODAY Published 1:43 p.m. ET Sept. 12, 2019 | Updated 2:37 p.m. ET Sept. 12, 2019

WASHINGTON — Federal prosecutors have recommended bringing criminal charges against Andrew McCabe, the former deputy director of the FBI and a frequent target of criticism by President Donald Trump, according people familiar with the decision Thursday. McCabe was fired from the FBI just before his retirement in March 2018 after the Justice Department's internal watchdog concluded that he had improperly authorized a leak about a federal investigation into the Clinton Foundation in the final weeks of the 2016 presidential campaign. Investigators also concluded that he displayed a lack of candor when asked about the leak.

The U.S. Attorney in Washington, Jessie Liu, recommended moving forward with unspecified charges against McCabe, according to people familiar with the situation who were not authorized to comment publicly. McCabe's lawyers appealed that decision to Deputy Attorney General Jeffrey Rosen, who rejected their request, one of the people said. McCabe's lawyers were informed of that decision Thursday. The decision clears the way for McCabe to face a criminal charge. The U.S. Attorney's Office in Washington declined to comment.

The recommendation that McCabe be indicted is the latest fallout from the FBI's handling of investigations around the 2016 presidential election, when agents were investigating both of the major-party candidates. Those investigations – into Russian meddling to help Trump win the presidency and Democrat Hillary Clinton's use of a private email server – inserted the FBI into the center of fraught political controversies.

Then-Attorney General Jeff Sessions fired McCabe after a Justice Department Inspector General’s report found he misstated his involvement in a leak to The Wall Street Journal days before the election about an FBI investigation into the Clinton Foundation. He was ousted days before he could begin collecting retirement benefits.

McCabe, who became acting FBI director temporarily after President Donald Trump fired former FBI Director James Comey in May 2017, has been the target of the president's attacks on law enforcement officials he says launched partisan investigations of him, his campaign and his administration. Those probes have led to charges against a half-dozen of Trump's onetime aides and advisers. Trump applauded the decision to fire McCabe in March 2018, calling it "a great day for democracy.” Trump has called McCabe a "major sleazebag" and argued that his conduct was akin to treason for favoring Clinton, Trump's Democratic rival in 2016.
***
McCabe's firing came after the Inspector General investigated the information behind a Wall Street Journal story about the Clinton Foundation, to determine whether it was an unauthorized leak and if so, who was the source. The story appeared online Oct. 30, 2016 and in print Oct. 31, which was a week after another story reported that McCabe terminated the foundation probe under pressure from the Justice Department. Investigators determined that McCabe, in order to promote his impartiality, authorized associates to disclose an Aug. 12 call between McCabe and the principal associate deputy attorney general to the Wall Street Journal. The call effectively confirmed the existence of the Clinton Foundation investigation, which Comey had refused to do.

The inspector general found McCabe “lacked candor” when he said he hadn't authorized the disclosure and didn't know who did while talking to Comey, when questioned under oath by FBI agents and then when questioned under oath by investigators for special counsel Robert Mueller. McCabe filed a lawsuit in August challenging his dismissal, alleging that Justice Department officials demoted him in January 2018 and fired two months later to cater to Trump’s “unlawful whims.” McCabe's abrupt termination came after he had already announced his intention to resign and days before his retirement benefits would have set in.

Trump's political accusations against McCabe stemmed from his wife running unsuccessfully for state Senate as a Democrat in Virginia. Trump had seized on contributions Jill McCabe received from a political action committee tied with Virginia Gov. Terry McAuliffe, a Clinton ally. Trump called Andrew McCabe “a major sleazebag” and said he took “massive amounts of money” for his wife’s campaign. But internal FBI documents stated that McCabe didn't oversee the Clinton investigation while his wife was running for office and that he didn't have a conflict of interest. McCabe has argued in television interviews that top congressional leaders were notified about the counterintelligence inquiry into Russian influence on Trump's campaign and nobody objected.
https://www.usatoday.com/story/news/pol ... 301473001/
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Re: Mueller's investigation

Post by Kendra »

He did have his own thread: thanks for bumping it up.

viewtopic.php?p=1069621#p1069621
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Re: Andrew McCabe

Post by Kendra »


The disclosure comes as a federal grand jury investigating McCabe was suddenly recalled this week after a months-long hiatus — but the panel left with no immediate signs of an indictment — a sign they might have balked, or otherwise required prosecutors to regroup.
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Re: Andrew McCabe

Post by Slim Cognito »

Joyce Alene
@JoyceWhiteVance
NYT Justice reporter says former FBI Acting Director McCabe has been advised he’ll be indicted. DOJ just lost a trial involving similar charges against former WH Counsel Greg Craig.

Joyce Alene
@JoyceWhiteVance
Of course, prosecutors still need a grand jury vote in favor of indictment. That is usually a foregone conclusion, as prosecutors need only present probable cause to obtain one (although it's unwise to do so without the proof beyond a reasonable doubt necessary to convict).
Edited to add the twitterverse is suggesting this is payback for the House beginning an impeachment investigation.
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Re: Andrew McCabe

Post by pipistrelle »

Of course it is.
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Re: Andrew McCabe

Post by Slim Cognito »

Don't know how accurate or up-to-date this info is but posting it for completeness sake.


Adam Goldman
@adamgoldmanNYT
·
26m
The rejection of Mr. McCabe’s appeal would typically foreshadow an impending indictment, but that has apparently not yet happened.
Justice Dept. Rejects Andrew McCabe’s Bid to Avoid Charges
The move would typically foreshadow an indictment of Mr. McCabe, a longtime target of President Trump, but it is not clear whether prosecutors have asked a grand jury to vote on one.
nytimes.com
Adam Goldman
@adamgoldmanNYT
·
24m
The grand jury hearing the case was recalled this week after going months without meeting but left without revealing any public signs of an indictment, The Washington Post reported.
Adam Goldman
@adamgoldmanNYT
If a grand jury declined to indict — an embarrassment for prosecutors — they could ask for a different grand jury to present evidence and try to secure an indictment.
3:03 PM · Sep 12, 2019·Twitter Web App
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One prosecutor assigned to the case recently left, an unusual step so close to an indictment. Another departed for a private law firm and has expressed reservations about the merits of the case.
Adam Goldman
@adamgoldmanNYT
·
19m
And one key witness testified that Mr. McCabe had no motive to lie because he was authorized as the F.B.I.’s deputy director to speak to the media, so he would not have had to hide any discussions with reporters.
Adam Goldman
@adamgoldmanNYT
·
19m
Another important witness testified he could not immediately remember how the leak unfolded. Both would have been crucial to any prosecution.
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Re: Andrew McCabe

Post by Slim Cognito »

If McCabe is indicted, I wonder how hard it's going to be to keep trump from tweeting derogatory things about him thus polluting the jury pool.
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Re: Andrew McCabe

Post by bob »

The tea leaves suggest that, if McCabe is indicted, it'll be for lying (and obstruction of justice) -- and not the underlying "crimes."
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Re: Andrew McCabe

Post by tek »

bob wrote: Thu Sep 12, 2019 5:46 pm The tea leaves suggest that, if McCabe is indicted, it'll be for lying (and obstruction of justice) -- and not the underlying "crimes."
Huh!
I wonder who else has been lying and obstructing justice?
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Re: Andrew McCabe

Post by Kendra »

:boxing:


Just in: Andrew McCabe’s legal team says in a new letter to Jesse Liu that based on their conversations with the US Attorney’s office in DC yesterday, “it is clear that no indictment has been returned” against McCabe by the grand jury.
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Re: Andrew McCabe

Post by Turtle »

Seems like Barr was ordered to indict McCabe and when it was clear this wouldn't happen, is putting stuff out there to get in front of it.
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Re: Andrew McCabe

Post by Kendra »

https://www.lawfareblog.com/mystery-mccabe-grand-jury
Did a federal grand jury refuse to hand up an indictment of former FBI Deputy Director Andrew McCabe?

No media organization has reported that this is what happened Thursday, but something clearly happened when the grand jury met—and that something wasn’t the McCabe indictment that everyone was expecting.

McCabe’s indictment had been expected on charges related to alleged lies to internal Justice Department investigators about his contacts with the media in 2016. On Thursday, Sept. 12, the New York Times and the Washington Post reported that the deputy attorney general had rejected McCabe’s final appeal within the department to avoid prosecution. According to the Post, McCabe received a communication from the Justice Department informing him that “[t]he 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.” The Times writes that the decision was made by Deputy Attorney General Jeffrey Rosen, and that Rosen’s top aide, Ed O’Callaghan, reached out to McCabe’s team on the matter.
More at the link, interesting reading.
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Re: Andrew McCabe

Post by fierceredpanda »

This administration's norm-breaking continues apace. Now even the old adage that federal prosecutors can indict a ham sandwich is being called into question.
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Re: Andrew McCabe

Post by Fortinbras »

Don't be surprised if the FBI gets orders to investigate members of the Grand Jury.
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Re: Andrew McCabe

Post by poplove »

fierceredpanda wrote: Fri Sep 13, 2019 7:01 pm This administration's norm-breaking continues apace. Now even the old adage that federal prosecutors can indict a ham sandwich is being called into question.
I think they're trying to indict bread crumbs IMHO.
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Re: Andrew McCabe

Post by Volkonski »

Firing Line with Margaret Hoover
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"I think I was unfairly punished...unlike anything I have ever seen," Former Acting FBI Director Andrew McCabe told @FiringLineShow in February. Today, he sued the DOJ and FBI over his termination, calling his firing "politically motivated" and blaming it on the President.
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Re: Andrew McCabe

Post by Notorial Dissent »

Volkonski wrote: Wed Sep 25, 2019 8:39 am
Firing Line with Margaret Hoover
@FiringLineShow
"I think I was unfairly punished...unlike anything I have ever seen," Former Acting FBI Director Andrew McCabe told @FiringLineShow in February. Today, he sued the DOJ and FBI over his termination, calling his firing "politically motivated" and blaming it on the President.
Actually, in this instance, I tend to believe McCabe in all particulars. The rest I will reserve judgment on.
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Re: Andrew McCabe

Post by NotaPerson »

No hard answers, but definitely worth a read if you haven't forgotten about McCabe and are still wondering what the hell happened with that grand jury...

Getting to the Bottom of the (Attempted) McCabe Prosecution
One of the great political mysteries of the last few weeks involves what has happened to the possible criminal indictment of former Acting FBI Director Andrew McCabe, who is accused of having made false statements regarding his role in certain leaks to the media relating to the Hillary Clinton e-mail scandal. The Washington Post reported that the Justice Department had green-lit an indictment as early as September 12. But a subsequent grand jury hearing passed without any announcement of an indictment, leaving major questions about what happened at the hearing and whether the Justice Department will continue to try and move forward with his prosecution.

McCabe’s lawyer, Michael Bromwich, released a statement indicating that the defense team had heard the grand jury had not returned an indictment, and raising questions about whether a violation of federal rules around grand jury secrecy had taken place....
https://www.lawfareblog.com/getting-bot ... rosecution
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Re: Andrew McCabe

Post by p0rtia »

Thanks, Nota -- I have been waiting to hear about the grand jury too. The smearing of McCabe is a horrible thing. One small part of the felony bullying that is being carried out by 45 and his henchmen.
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Re: Andrew McCabe

Post by NotaPerson »

Judge to DOJ: Decide on charging Andrew McCabe by Nov. 15, or face release of FBI records
A veteran federal judge on Monday warned U.S. prosecutors either to charge former acting FBI director Andrew McCabe or to drop their investigation into whether he lied to investigators about an unauthorized media disclosure, saying their indecision was undermining the credibility of the Justice Department.

If a decision is not made, U.S. District Judge Reggie B. Walton of Washington, D.C., said at a hearing that he would order the Justice Department to release internal FBI documents related to McCabe’s firing by Nov. 15.

The extraordinary warning by Walton — a 2001 President George W. Bush appointee and former presiding judge of the secret Foreign Intelligence Surveillance Court — marked the latest turbulence in an investigation that McCabe’s defenders say is a move by the Trump administration to punish the president’s perceived political enemies.
https://www.washingtonpost.com/local/le ... story.html

:popcorn:
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Re: Andrew McCabe

Post by Kendra »

Good.
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Re: Andrew McCabe

Post by NotaPerson »

From the Washington Examiner....

Judge angry with DOJ delays in McCabe prosecution decision: 'This is not a hard case!'

The Justice Department’s continued delays in making a decision about whether or not it will charge fired FBI Deputy Director Andrew McCabe with any crimes related to allegations that he misled investigators frustrated the federal judge overseeing a freedom of information lawsuit.

“I don’t care what y’all do with McCabe,” Judge Reggie Walton said from the bench in the District Court for the District of Columbia on Thursday afternoon. “But this is not a hard case!”

"Deciding whether you’re going to charge someone with false statements is not a hard case … not factually, not legally, but maybe politically,” he said.

Walton’s comments on McCabe came during a hearing related to a Freedom of Information Act lawsuit brought by Citizens for Responsibility and Ethics in Washington, a left-leaning watchdog group that has been fighting in court for access to the underlying DOJ and FBI documents connected to McCabe’s firing since July 2018.
https://www.washingtonexaminer.com/news ... -hard-case

Tomorrow is do or die day for the prosecution. :popcorn:
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