The Justice Department’s inspector general (IG) referred his finding that former FBI Deputy Director Andrew McCabe repeatedly misled investigators for a determination of whether McCabe should be criminally prosecuted. The referral was to the U.S. Attorney for the District of Columbia. It came shortly after the IG issued his report on McCabe’s misconduct.
A criminal referral does not necessarily mean a criminal prosecution. It means the U.S. Attorney will consider the evidence and decide whether to prosecute.
In this case, assuming the accuracy of the inspector general’s report, the evidence that McCabe committed the crime of lying to federal investigators — which carries a sentence of up to five years — is substantial. As the Washington Post says, “the report laid out in stunning detail allegations McCabe had deceived investigators about his role in approving the disclosure [of sensitive information to the media], even as he lashed out at others in the FBI for leaks.” McCabe did so on four different occasions, according to the inspector general. The IG also found that McCabe lied “knowingly and intentionally,” a key element of the crime.
Matt Vespa at Townhall presents details regarding McCabe’s alleged deceit.
A group of eleven GOP congressmen has also asked the Justice Department to consider whether McCabe, along with other DOJ officials, committed crimes in connection with the Hillary Clinton-related investigations, the 2016 presidential election, etc. However, the DOJ can easily blow off eleven congressmen. By contrast, it will likely take the non-partisan, Obama-appointed IG’s referral quite seriously.
Last month, McCabe raised more than $500,000 for his legal defense. He may need considerably more than that.