McCabe waiting for his indictment now
The odds are very high that an indictment will be forthcoming for Andrew McCabe. As the ever-alert Sundance of Conservative Tree House points out, the statement on his firing by AG Sessions specifically noted that he “lacked candor” (the FBI’s expression for lying) “under oath.”
After an extensive and fair investigation and according to Department of Justice procedure, the Department’s Office of the Inspector General (OIG) provided its report on allegations of misconduct by Andrew McCabe to the FBI’s Office of Professional Responsibility (OPR).
The FBI’s OPR then reviewed the report and underlying documents and issued a disciplinary proposal recommending the dismissal of Mr. McCabe. Both the OIG and FBI OPR reports concluded that Mr. McCabe had made an unauthorized disclosure to the news media and lacked candor − including under oath − on multiple occasions.
The FBI expects every employee to adhere to the highest standards of honesty, integrity, and accountability. As the OPR proposal stated, ‘all FBI employees know that lacking candor under oath results in dismissal and that our integrity is our brand.’
Pursuant to Department Order 1202, and based on the report of the Inspector General, the findings of the FBI Office of Professional Responsibility, and the recommendation of the Department’s senior career official, I have terminated the employment of Andrew McCabe effective immediately.” (emphasis added)
This finding came from the nonpartisan Office of Professional Responsibility, acting on the basis of a referral from the nonpartisan Inspector General.
We already know that a US Attorney in Little Rock is on the case, thanks to a comment from Sessions. We don’t know if a grand jury has been empaneled, but that is how US attorneys get subpoenas, so my guess is that one is sitting, and has or soon will get to consider an indictment that could remain sealed until it is needed.
Meanwhile, McCabe’s defenders in the media are planting the seeds of their own credibility destruction.
Jonathan Turley made the point yesterday that an indictment should follow in the course of forthcoming events. Inducting and getting a pleas deal from General Michael Flynn for an inconsequential lie, but not inducting McCabe for lies that covered up misbehavior is not really intellectually or morally defensible.
McCabe should be worrying about prison, not his pension.
I doubt very much that McCabe would negotiate a plea deal to implicate higher-ups (that would be Comey, Lynch and Obama) in return for leniency, but I have no direct experience of the man. However, the still-employed subordinates Peter Strzok, Lisa Page, ad Bruce Ohr may not be such hard cases.
This maybe the most interesting political season ahead in living memory. I certainly hope so.