Fired Deputy FBI Director Andrew McCabe is quite confident the DOJ Inspector General's referral Thursday to the U.S. Attorney for his criminal prosecution is going nowhere.
"We were advised of the referral within the past few weeks. Although we believe the referral is unjustified, the standard for an IG referral is very low," McCabe's attorney released in a statement Thursday afternoon. "We have already met with staff members from the U.S. Attorney’s Office. We are confident that, unless there is inappropriate pressure from high levels of the Administration, the U.S. Attorney’s Office will conclude that it should decline to prosecute."
A reminder of the finding from the IG report:
We found that, in a conversation with then-Director Comey shortly after the WSJ article was published, McCabe lacked candor when he told Comey, or made statements that led Comey to believe, that McCabe had not authorized the disclosure and did not know who did. This conduct violated FBI Offense Code 2.5 (Lack of Candor – No Oath).
We also found that on May 9, 2017, when questioned under oath by FBI agents from INSD, McCabe lacked candor when he told the agents that he had not authorized the disclosure to the WSJ and did not know who did. This conduct violated FBI Offense Code 2.6 (Lack of Candor – Under Oath).
We further found that on July 28, 2017, when questioned under oath by the OIG in a recorded interview, McCabe lacked candor when he stated: (a) that he was not aware of Special Counsel having been authorized to speak to reporters around October 30 and (b) that, because he was not in Washington, D.C., on October 27 and 28, 2016, he was unable to say where Special Counsel was or what she was doing at that time. This conduct violated FBI Offense Code 2.6 (Lack of Candor – Under Oath).
We additionally found that on November 29, 2017, when questioned under oath by the OIG in a recorded interview during which he contradicted his prior statements by acknowledging that he had authorized the disclosure to the WSJ, McCabe lacked candor when he: (a) stated that he told Comey on October 31, 2016, that he had authorized the disclosure to the WSJ; (b) denied telling INSD agents on May 9 that he had not authorized the disclosure to the WSJ about the PADAG call; and (c) asserted that INSD’s questioning of him on May 9 about the October 30 WSJ article occurred at the end of an unrelated meeting when one of the INSD agents pulled him aside and asked him one or two questions about the article. This conduct violated FBI Offense Code 2.6 (Lack of Candor – Under Oath).
The U.S. Attorney for Washington D.C., who will ultimately decide if McCabe should be prosecuted for lying under oath multiple times to FBI agents and inspector general investigators, is Jessie Liu. More on her background:
Jessie K. Liu was confirmed by the U.S. Senate on September 14, 2017, as the United States Attorney for the District of Columbia, and took office on September 24, 2017.
Ms. Liu was an Assistant United States Attorney in the District of Columbia from 2002 to 2006, prosecuting violent crime, drug trafficking, firearms, and fraud offenses in both the Superior Court and Criminal Divisions, and briefing and arguing appeals in the D.C. Court of Appeals and the U.S. District Court for the D.C. Circuit. She subsequently served in several senior positions in the U.S. Department of Justice, including as Deputy Assistant Attorney General in the Civil Rights Division, Counsel to the Deputy Attorney General for national security matters, and Deputy Chief of Staff for the National Security Division. Most recently, she was Deputy General Counsel at the U.S. Department of the Treasury, advising the Secretary of the Treasury and other senior Treasury officials on national security, law enforcement, and intelligence issues.
In addition, Ms. Liu has been a partner at the law firms of Morrison & Foerster LLP and Jenner & Block LLP, where her practice focused on litigation, investigations, and compliance.