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Tipsheet

Garland Grilled Over Why an FBI Agent Fired For Lying is Getting Millions of Dollars

(AP Photo/Alex Brandon, File)

Two weeks ago the Department of Justice reinstated full retirement benefits for fired Acting FBI Director Andrew McCabe. They also expunged his record, which shows McCabe was fired for lying under oath to federal investigators. 

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"The Justice Department has agreed to restore full law enforcement benefits and provide some attorney fees for former FBI Deputy Director Andrew McCabe, who was fired by the Trump administration only hours before his retirement three years ago," NPR reports. "The settlement will resolve a civil lawsuit filed by McCabe, who argued that his ouster was the result of a 'years-long public vendetta' driven by the former president. The Justice Department demoted and then dismissed him on the eve of his 50th birthday in March 2018, when his FBI annuity would have vested".

McCabe also played a significant role in the FBI's targeting and illegal spying against the 2016 Trump campaign. 

During a Senate Judiciary Committee hearing on Capitol Hill Wednesday, Attorney General Merrick Garland was grilled over why the benefits were reinstated. 

McCabe was fired by former Attorney General Jeff Session after a recommendation to do so from the DOJ Inspector General. 

From a 2018 DOJ Inspector General report, which details McCabe's behavior:

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).

Lastly, we determined that as Deputy Director, McCabe was authorized to disclose the existence of the CF Investigation publicly if such a disclosure fell within the “public interest” exception in applicable FBI and DOJ policies generally prohibiting such a disclosure of an ongoing investigation.  However, we concluded that McCabe’s decision to confirm the existence of the CF Investigation through an anonymously sourced quote, recounting the content of a phone call with a senior Department official in a manner designed to advance his personal interests at the expense of Department leadership, was clearly not within the public interest exception.  We therefore concluded that McCabe’s disclosure of the existence of an ongoing investigation in this manner violated the FBI’s and the Department’s media policy and constituted misconduct.

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