Andrew McCabe
{{Short description|Lawyer, former official of U.S. Federal Bureau of Investigation (born 1968)}}
{{For|the Australian track and field athlete|Andrew McCabe (sprinter)}}
{{Use American English|date = December 2019}}
{{Use mdy dates|date=April 2018}}
{{Infobox officeholder
| name = Andrew McCabe
| image = Andrew McCabe official portrait (3x4 cropped).jpg
| caption = Official portrait, 2017
| office = 7th Director of the Federal Bureau of Investigation
| president = Donald Trump
| term_start = May 9, 2017
| term_end = August 2, 2017
| predecessor = James Comey
| successor = Christopher A. Wray
| order1 = 17th
| office1 = Deputy Director of the Federal Bureau of Investigation
| president1 = Barack Obama
Donald Trump
| 1blankname1 = Director
| 1namedata1 = James Comey
Himself (acting)
Christopher A. Wray
| term_start1 = February 1, 2016
| term_end1 = January 29, 2018
| predecessor1 = Mark F. Giuliano
| successor1 = David Bowdich
| office2 = Associate Deputy Director of the Federal Bureau of Investigation
| president2 = Barack Obama
| 1blankname2 = Director
| 1namedata2 = James Comey
| term_start2 = July 30, 2015
| term_end2 = February 1, 2016
| predecessor2 = Kevin Perkins
| successor2 = David Bowdich
| birth_name = Andrew George McCabe
| birth_date = {{Birth date and age|1968|3|18}}
| birth_place = Flushing, New York,{{cite book |last=Mccabe |first=Andrew |author-link= |date=2019 |title= The Threat |url=https://books.google.com/books?id=F7tuDwAAQBAJ |location= |publisher=St. Martin's Press |page=1 |isbn=978-1-250-20757-9}} U.S.
| death_date =
| death_place =
| party = Republican{{cite news |url=https://abcnews.go.com/Politics/words-mccabe-claims-firing-part-ongoing-assault-russia/story?id=53807980 |title=In his own words: McCabe claims firing part of 'ongoing assault' on Russia probe |first=Mike |last=Levine |date=March 16, 2018 |work=ABC News |access-date=March 17, 2018}}{{cite news |url=https://www.nytimes.com/2018/03/01/us/politics/justice-dept-andrew-mccabe.html |title=Andrew McCabe, Ex-Deputy Director of F.B.I., Will Be Faulted for Leaks |first1=Matt |last1=Apuzzo |author-link=Matt Apuzzo |first2=Adam |last2=Goldman |author2-link=Adam Goldman |date=March 1, 2018 |work=The New York Times |access-date=March 2, 2018}}{{cite news |work=CNN |date=January 29, 2018 |url=https://www.cnn.com/2018/01/24/politics/andrew-mccabe-vote/index.html |title=McCabe did not vote in 2016 general election, but did vote in 2016 GOP presidential primary |first=Ryan |last=Nobles |author-link=Ryan Nobles |access-date=March 2, 2018}}{{Cite news|url=https://www.washingtonpost.com/opinions/jill-mccabe-the-president-attacked-my-reputation-its-time-to-set-the-record-straight/2018/04/02/e6bbcf66-366b-11e8-8fd2-49fe3c675a89_story.html|title=Jill McCabe: The president attacked my reputation. It's time to set the record straight.|newspaper=The Washington Post |first=Jill |last=McCabe |date=April 3, 2018 }}
| spouse = Jill McCabe
| children = 2
| education = Duke University (BA)
Washington University in St. Louis (JD)
}}
Andrew George McCabe (born March 18, 1968{{cite news |url=https://www.foxnews.com/politics/ig-could-soon-release-explosive-report-on-fbis-clinton-probe-as-sessions-weighs-firing-mccabe |title=IG could soon release explosive report on FBI's Clinton probe, as Sessions weighs firing McCabe |last=Pappas |first=Alex |date=March 15, 2018 |publisher=Fox News |access-date=March 16, 2018}}) is an American attorney who served as the Deputy Director of the Federal Bureau of Investigation (FBI) from February 2016 to March 2018 and as the acting Director of the FBI from May 9, 2017, to August 2, 2017.{{Cite news|title=Settlement Agreement, McCabe v. Garland, et al., No. 19-CV-2399 (D.D.C.) |pages= 2–3| url=https://context-cdn.washingtonpost.com/notes/prod/default/documents/cbc97903-e82e-4c71-be14-7c603fe724b4/note/ccc87fd0-020b-4fdb-b491-9fbafccd3b6f.#page=1 |date=October 14, 2021 |newspaper=Washington Post |quote=[T]he Parties agree to the rescission of Plaintiff's removal from the FBI and the civil service and to the conferral upon Plaintiff of the benefits specified herein. As detailed below, the FBI's records will be amended to reflect that Mr. McCabe was employed continuously by the FBI from July 1996 until he retired on March 19, 2018 as the FBI Deputy Director and a member of the Senior Executive Service.... Plaintiff will be deemed to have separated from the FBI in good standing for the purposes of 18 U.S.C. § 926C(c)(1).}} He also serves as a professor at George Mason University's Schar School of Policy and Government. McCabe joined the FBI as a special agent in 1996 and served with the bureau's SWAT team. He became a supervisory special agent in 2003 and held management positions of increasing responsibility until he was appointed deputy director of the FBI in February 2016. McCabe became the acting Director of the FBI following James Comey's dismissal by then President Donald Trump, and served in that position until Trump's appointment of Christopher A. Wray. McCabe later departed from the FBI on poor terms with Trump. After leaving the Trump administration, McCabe has been a contributor at CNN since 2019.{{cite news |last1=Ellefson |first1=Lindsey |title=CNN Hires Fired FBI Official Andrew McCabe as Contributor |url=https://www.thewrap.com/cnn-hires-fired-fbi-official-andrew-mccabe-as-contributor/ |work=The Wrap |date=August 23, 2019}}
Attorney General Jeff Sessions fired McCabe on March 16, 2018, 26 hours before his scheduled retirement.{{cite news |last1=Zapotosky |first1=Matt|title=FBI's Andrew McCabe is fired a little more than 24 hours before he could retire |url=https://www.washingtonpost.com/world/national-security/fbis-andrew-mccabe-is-fired-a-little-more-than-24-hours-before-he-could-retire/2018/03/16/e055a22a-2895-11e8-bc72-077aa4dab9ef_story.html|newspaper=The Washington Post |access-date=March 17, 2018}}{{Cite news|url=https://www.vox.com/policy-and-politics/2018/3/16/17121196/andrew-mccabe-fired-sessions-trump-fbi|title=Andrew McCabe, the former FBI deputy director targeted by Trump, was just fired|work=Vox|date=March 16, 2018|access-date=March 17, 2018}} Sessions announced that he based his decision on reports from the DOJ Inspector General and the FBI's disciplinary office saying that McCabe had improperly authorized releases of information to The Wall Street Journal about an investigation into the Clinton Foundation and had misled agents who questioned him about it on four occasions, three of which were under oath.{{Cite news|last=Serwer|first=Adam|date=April 13, 2018|title=Trump's Claims About McCabe Aren't Supported by Internal FBI Review|url=https://www.theatlantic.com/politics/archive/2018/04/trump-claims-vindication-in-mccabes-lack-of-candor/558035/|access-date=January 20, 2021|work=The Atlantic|language=en}} McCabe disputed these charges and alleged that his firing was politically motivated.{{Cite news |url=https://thehill.com/homenews/administration/378826-sessions-fires-mccabe-from-fbi/|title=Sessions fires McCabe from FBI|last=Bo Williams|first=Katie|date=March 16, 2018|work=The Hill|access-date=March 17, 2018}}{{cite news |url=https://www.latimes.com/politics/la-na-pol-mccabe-fired-20180316-story.html|title=Former FBI official Andrew McCabe, a target of Trump, is fired just before his retirement|last=Tanfani|first=Joseph|date=March 16, 2018 |newspaper=Los Angeles Times|access-date=March 17, 2018}}{{Cite news |url=https://www.foxnews.com/politics/trump-calls-fired-mccabe-choirboy-suggests-fbi-corruption-at-the-highest-levels|title=Former FBI Deputy Director Andrew McCabe fired|last1=Singman|first1=Brooke|date=March 17, 2018|website=Fox News|last2=Gibson |first2=Jake |access-date=March 17, 2018}}{{cite news |last1=Goldman |first1=Adam |author-link=Adam Goldman |last2=Haag |first2=Matthew |title=McCabe Says Justice Officials Discussed Recruiting Cabinet Members to Push Trump Out of Office |url=https://www.nytimes.com/2019/02/14/us/politics/mccabe-trump.html |newspaper=The New York Times|date=14 February 2019 |access-date=14 February 2019}} In September 2019, federal prosecutors recommended McCabe be indicted for actions relating to the leak,{{Cite web|url=https://www.usatoday.com/story/news/politics/2019/09/12/andrew-mccabe-prosecutors-recommend-charges-former-fbi-official/2301473001/|title=Federal prosecutors recommend that Andrew McCabe, former FBI second-in-command, face criminal charge|last=Jansen|first=Bart|date=September 12, 2019|website=USA Today}} but the grand jury did not return an indictment.{{cite news |last1=Zapotosky |first1=Matt|title=Justice Dept. won't answer whether grand jury turned down indictment of McCabe, his lawyers say | url=https://www.washingtonpost.com/national-security/justice-dept-wont-answer-whether-grand-jury-turned-down-indictment-of-mccabe-his-lawyers-say/2019/09/19/4f24593e-dae8-11e9-bfb1-849887369476_story.html |newspaper=The Washington Post | quote="Last week, it seemed charges were imminent. The grand jury, which had not been seen for months, was called back in. The Justice Department informed McCabe, 51, that Rosen had rejected his appeal. But grand jurors left with no sign that an indictment had been returned."}} On February 14, 2020, the Justice Department informed McCabe's attorneys that it had declined to prosecute McCabe.{{Cite news|last=Goldman|first=Adam|url=https://www.nytimes.com/2020/02/14/us/politics/andrew-mccabe-fbi.html|title=Andrew McCabe, Ex-F.B.I. Official, Will Not Be Charged in Lying Case|date=February 14, 2020|work=The New York Times|access-date=February 14, 2020|language=en-US|issn=0362-4331}}
In August 2020, George Mason University announced McCabe would be joining the faculty of the Schar School of Policy and Government as distinguished visiting professor.{{Cite web|title=Andrew McCabe, Former FBI Deputy Director, Joins Schar School Faculty|publisher=Schar School of Policy and Government|url=https://schar.gmu.edu/news-and-events/latest-news/andrew-mccabe-former-fbi-deputy-director-joins-schar-school-faculty|access-date=September 6, 2020|website=schar.gmu.edu}}{{Cite web|title=Andrew McCabe, Former FBI Deputy Director, Joins Schar School Faculty – Homeland Security Today|date=August 20, 2020|url=https://www.hstoday.us/people-on-the-move/andrew-mccabe-former-fbi-deputy-director-joins-schar-school-faculty/|access-date=2020-09-06|language=en-US}}
In October 2021, McCabe settled with the Justice Department a wrongful termination suit he had filed in August 2019. As part of the settlement, the government agreed to "rescind and vacate" McCabe's termination, correct its records "to reflect that Mr. McCabe was employed continuously by the FBI from July 1996 until he retired on March 19, 2018 as the FBI Deputy Director" in "good standing," restore his pension and other benefits, pay his legal fees and expunge any record of having been fired.
Early life and career
McCabe was born in 1968. He graduated from The Bolles School in Jacksonville, Florida, in 1986.{{cite web|url=http://www.bolles.org/page.cfm?p=813&newsid=1717&ncat=2|title=McCabe '86 Named Acting FBI Director|publisher=The Bolles School|access-date=May 13, 2017|archive-url=https://web.archive.org/web/20170505123222/http://www.bolles.org/page.cfm?p=813|archive-date=May 5, 2017|url-status=dead|df=mdy-all}} He graduated from Duke University in 1990 and obtained a J.D. degree from Washington University in St. Louis in 1993.{{cite web|url=http://webfiles.wulib.wustl.edu/units/spec/archives/digital/1993commencement.pdf|title=The School of Law|work=One Hundred and Thirty-Second Commencement|publisher=Washington University in St. Louis|page=35|year=1993|access-date=June 8, 2017|archive-url=https://web.archive.org/web/20170126202036/http://webfiles.wulib.wustl.edu/units/spec/archives/digital/1993commencement.pdf|archive-date=January 26, 2017|url-status=dead}}{{cite news |first=Del Quentin |last=Wilber |title=FBI's new second-in-command makes decisions, not headlines |url=https://www.latimes.com/nation/na-la-fbi-deputy-director-20160505-snap-story.html |work=Los Angeles Times |date=May 5, 2016 |access-date=October 31, 2016}} He was also a brother of the Sigma Alpha Epsilon fraternity.{{Cite book|title=SAE Alumni Directory|year=2018|location=Evanston, Ill. }} During law school he interned in the criminal division of the United States Department of Justice. Because of a hiring freeze, McCabe spent three years in a private law practice in Philadelphia before joining the FBI in 1996.{{cite news |url=https://www.cnbc.com/2016/09/26/andrew-mccabe.html|title=Andrew McCabe|date=September 26, 2016 |publisher=CNBC|access-date=May 10, 2017}}{{cite news|url=https://www.usnews.com/news/national-news/articles/2017-05-12/10-things-you-didnt-know-about-andrew-mccabe|title=10 Things You Didn't Know About Andrew McCabe |first=Megan|last=Trimble|work=U.S. News & World Report |location=Washington, D.C. |date=May 12, 2017|access-date=January 29, 2018}}
McCabe began his FBI career in the New York Field Office in 1996.{{cite news|url=https://www.seattletimes.com/nation-world/nation-politics/fbi-deputy-director-leaving-post-ahead-of-planned-retirement/|title=FBI's McCabe, a frequent Trump target, abruptly leaves post|first1=Sadie|last1=Gurman |first2=Eric|last2=Tucker |first3=Zeke|last3=Miller|first4=Jill|last4=Colvin|agency=The Associated Press|work=The Seattle Times|date=January 29, 2018|access-date=January 29, 2018}} While there, he was on the SWAT team.{{cite news|first1=Adam|last1=Goldman|author2-link=Matt Apuzzo |first2=Matt|last2=Apuzzo |title=Andrew McCabe Is Known at F.B.I. for His Precision and Intellect|url=https://www.nytimes.com/2017/05/11/us/politics/andrew-mccabe-fbi-acting-director.html |work=The New York Times |date=May 12, 2017 |page=A18 |access-date=May 14, 2017|author1-link=Adam Goldman }} In 2003, he began work as a supervisory special agent at the Eurasian Organized Crime Task Force.{{cite web |last=Clemens |first=Jay |date=July 31, 2015 |title=Andrew McCabe Named FBI Associate Deputy Director |url=http://www.executivegov.com/2015/07/andrew-mccabe-named-fbi-associate-deputy-director/ |website=ExecutiveGov |archive-url=https://web.archive.org/web/20150812172922/http://www.executivegov.com/2015/07/andrew-mccabe-named-fbi-associate-deputy-director/ |archive-date=August 12, 2015 |url-status=live}} Later, McCabe held management positions in the FBI Counterterrorism Division, the FBI National Security Branch{{Cite news|url=http://www.newsweek.com/andrew-mcgabe-james-comey-fbi-director-fired-606385|title=Who Will Be the New FBI Director Now That James Comey Has Been Fired?|last=Williams |first=Janice|date=May 9, 2017|work=Newsweek|access-date=May 10, 2017}} and the FBI's Washington Field Office.{{cite web|last=Wilkers |first=Ross |date=October 24, 2013 |title=Andrew McCabe Appointed FBI Natl Security Branch Lead |website=ExecutiveGov |url=http://www.executivegov.com/2013/10/andrew-mccabe-appointed-fbi-natl-security-branch-lead/ |archive-url=https://web.archive.org/web/20131121073938/http://www.executivegov.com/2013/10/andrew-mccabe-appointed-fbi-natl-security-branch-lead/ |archive-date=November 21, 2013 |url-status=live |df=mdy}} In 2009, he served as the first director of the High-Value Detainee Interrogation Group, a program to research interrogation techniques that was created after the Department of Defense Directive 2310 ban of waterboarding and other interrogation techniques. McCabe was part of the investigation of the 2013 Boston Marathon bombing. McCabe secured the arrest of Ahmed Abu Khattala for suspected involvement in the 2012 Benghazi attack.
Deputy Director of the Federal Bureau of Investigation (2016–2018)
FBI Director James Comey appointed McCabe as Deputy Director of the FBI on January 29, 2016, and he assumed those duties on February 1, 2016.{{cite press release|url=https://www.fbi.gov/news/pressrel/press-releases/andrew-mccabe-named-deputy-director-of-the-fbi|title=Andrew G. McCabe Named Deputy Director of the FBI|publisher=Federal Bureau of Investigation|date=January 29, 2016|access-date=October 31, 2016}}
On July 31, 2016, the FBI opened its Crossfire Hurricane investigation into whether the Trump campaign was collaborating with the Russian government. Both Comey and McCabe were briefed on the Investigation. After Trump was elected, he was also briefed on the investigation.{{cite news |url=https://www.nytimes.com/2018/07/18/world/europe/trump-intelligence-russian-election-meddling-.html |title=From the Start, Trump Has Muddied a Clear Message: Putin Interfered |work=The New York Times |first1=David E. |last1=Sanger |first2=Matthew |last2=Rosenberg |date=July 18, 2018 |access-date=June 6, 2019}}
In March 2018, it was reported that, upon receiving a referral from Congress in 2017, McCabe had authorized a criminal investigation into whether Sessions had lied to Congress in 2017 about his contacts with Russian ambassador Sergey Kislyak; the investigation was later closed.{{Cite web|url=https://www.businessinsider.com/andrew-mccabe-jeff-sessions-fbi-investigation-2018-3|title=Andrew McCabe reportedly oversaw a criminal investigation into Jeff Sessions nearly a year before Sessions fired him|first=Sonam|last=Sheth|website=Business Insider|date=March 21, 2018}}{{Cite news|url=https://www.nytimes.com/2020/02/14/us/politics/andrew-mccabe-fbi.html|title=Andrew McCabe, Ex-F.B.I. Official, Will Not Be Charged in Lying Case|first=Adam|last=Goldman|newspaper=The New York Times|date=February 14, 2020}}
= Comey termination =
On May 9, 2017, McCabe became acting director of the FBI after Trump dismissed Comey as director.{{Cite news |url=https://www.bloomberg.com/politics/articles/2017-05-09/trump-fires-fbi-director-james-comey-on-sessions-recommendation-j2i3tjfl |title=Trump Fires FBI Director James Comey Amid Russia Meddling Probe|last1=Strohm|first1=Chris|date=May 9, 2017|website=Bloomberg L.P.|last2=Talev |first2=Margaret|last3=Dennis|first3=Steven T. |access-date=May 10, 2017 }} In the absence of a Senate-confirmed director, the deputy director automatically becomes acting director. Statute allows the president to choose an interim FBI director (acting director) outside of the standard order of succession.{{cite web|title=Designation of Officers of the Federal Bureau of Investigation|url=https://www.federalregister.gov/d/07-714/p-17|website=Federal Register |pages=7341–7344 |date=February 14, 2007 |access-date=May 11, 2017}} That process began on May 10, 2017, as Attorney General Jeff Sessions and Deputy Attorney General Rod Rosenstein interviewed four candidates to serve as interim FBI director.{{cite news |last1=Keith |first1=Tamara |author-link=Tamara Keith |title=Despite Recusal Pledge, Sessions Interviewing Candidates For Interim FBI Director |url=https://www.npr.org/2017/05/10/527780171/despite-recusal-pledge-sessions-interviewing-candidates-for-interim-fbi-director |website=NPR |date=May 10, 2017 |access-date=May 11, 2017}} Sessions said that McCabe was "also under consideration". Shortly after Trump fired Comey, McCabe visited the White House for an introductory meeting in the Oval Office with the president, during which time Trump reportedly asked him for whom he had voted in the 2016 election.{{cite news |last1=Tatum|first1=Sophie|title=Washington Post: Trump asked acting FBI director McCabe who he voted for in 2016 |url=https://www.cnn.com/2018/01/23/politics/andrew-mccabe-trump-vote/index.html |website=CNN |date=January 23, 2018 |access-date=January 23, 2018 |quote="President Donald Trump asked acting FBI director Andrew McCabe who he voted for in the 2016 election in an introductory Oval Office meeting, The Washington Post reported Tuesday, citing several current and former US officials. The meeting happened in May, not long after Trump fired former FBI director James Comey, according to the Post."}} However, no interim director was named, and McCabe remained as acting director. Christopher A. Wray was ultimately nominated as the new director on June 7, 2017, and confirmed on August 1, 2017, at which point McCabe reverted to his position as deputy director.{{cite news |first=Max |last=Kutner |url=https://www.newsweek.com/christopher-wray-fbi-director-andrew-mccabe-deputy-645600 |title=Under New Bureau Head, Acting FBI Director Andrew McCabe to Remain as Deputy, Despite Trump's Allegations |work=Newsweek |date=August 2, 2017 |access-date=November 11, 2019 }}
In a February 2019 interview with Scott Pelley of 60 Minutes McCabe said that in the days after Comey was fired, he ordered the probe of possible obstruction of justice by Trump, taking action to protect the Russian-interference investigation from successors who might terminate it, because he or Robert Mueller could be removed from their positions. He said "I wanted to make sure that our case was on solid ground and if somebody came in behind me and closed it and tried to walk away from it, they would not be able to do that without creating a record of why they made that decision."{{cite news |url=https://www.usnews.com/news/national-news/articles/2019-02-14/andrew-mccabe-says-he-ordered-obstruction-of-justice-probe-into-donald-trump|date=February 14, 2019|title=McCabe Ordered Obstruction Probe into Trump | newspaper=U.S. News & World Report|access-date=February 16, 2020}} McCabe also had concerns about whether Trump "had been working on behalf of Russia against American interests" causing "the highest levels of American law enforcement [to try] to figure out what to do with the president", including the possibility of advocating vice presidential and Cabinet use of the Twenty-fifth Amendment to the United States Constitution to have Trump suspended from office, and ultimately removed by Congress. Deputy attorney general Rod Rosenstein, who had previously been reported but denied having discussed such matters with his colleagues, denied McCabe's assertion as "inaccurate and factually incorrect".{{cite news |url=https://www.nytimes.com/2019/02/14/us/politics/mccabe-trump.html|title=McCabe Says Justice Officials Discussed Recruiting Cabinet Members to Push Trump Out of Office|first1=Adam|last1=Goldman |author-link=Adam Goldman |first2=Matthew|last2=Haag|date=February 14, 2019|newspaper=The New York Times}} McCabe's revelation prompted Senate Judiciary Chairman, Chuck Grassley, to promise investigation of the claims.{{Cite news|url=https://www.bbc.com/news/world-us-canada-47283737|title=Trump lashes out at 'treasonous' officials |date=February 18, 2019|work=BBC News |access-date=February 18, 2019}}
=Wall Street Journal articles and aftermath=
The Wall Street Journal published on October 23–24, 2016, regarding an investigation of the Hillary Clinton's use of a private email server, suggesting that McCabe had a potential conflict of interest caused by donations to his wife's campaign as a Democrat for the Virginia State Senate.{{cite news |url=https://www.wsj.com/articles/clinton-ally-aids-campaign-of-fbi-officials-wife-1477266114|title=Clinton Ally Aided Campaign of FBI Official's Wife|first=Devlin|last=Barrett|date=October 23, 2016 |newspaper=The Wall Street Journal |access-date=February 16, 2017}} On October 24, 2016, the Wall Street Journal reporter emailed an FBI official following up on McCabe's involvement in the FBI's investigation of the Clinton Foundation, which had begun in 2015. Four FBI field offices — New York, Los Angeles, Washington and Little Rock — were pursuing the investigation, with some field agents advocating that it be aggressively continued, while some supervisors and prosecutors believed there was insufficient evidence and that the investigation was too expansive. In July 2016, McCabe decided that the New York FBI office would continue investigating, with assistance from Little Rock. The Wall Street Journal reported that a senior Justice Department official called McCabe to express his disagreement with this decision, with McCabe reportedly asking, "Are you telling me that I need to shut down a validly predicated investigation?" to which the unnamed official replied, "Of course not." The contents of this phone call were included in the follow-up article that was published on October 30, 2016.{{cite news |url=https://www.wsj.com/articles/laptop-may-include-thousands-of-emails-linked-to-hillary-clintons-private-server-1477854957|title=FBI in Internal Feud Over Hillary Clinton Probe|first=Devlin|last=Barrett|date=October 30, 2016 |newspaper=The Wall Street Journal |access-date=March 17, 2018}} Although the existence of the FBI's investigation in the Clinton Foundation had been leaked, the FBI up until that point had not officially confirmed the investigation.{{citation needed|date=October 2021}}
In January 2017, the inspector general of the Department of Justice and the U.S. Senate Judiciary Committee investigated McCabe over concerns that he should have recused himself from the investigation of the Clinton email scandal.{{Cite news|url=http://www.newsweek.com/fbi-acting-director-andrew-mccabe-clinton-emails-606801 |title=FBI Acting Director Andrew McCabe is also under review for the Clinton email investigation|last=Kutner|first=Max|date=May 10, 2017|work=Newsweek|access-date=May 12, 2017}} The investigation ceased one year later, in January 2018, with the release of FBI documents showing that McCabe had followed FBI protocol regarding potential conflicts of interest.{{Cite news|url=https://www.businessinsider.com/andrew-mccabe-recusal-hillary-clinton-probe-emails-2018-1?r=US&IR=T|title=Emails released by the FBI shed new light on deputy director's recusal from Clinton probe |work=Business Insider|access-date=January 9, 2018 }} In 2015, before his wife, Jill McCabe, ran for political office in Virginia, McCabe had notified the FBI about her plans and consulted with the FBI about how he would avoid a conflict of interest.{{Cite news|first=Kevin|last=Johnson|url=https://www.usatoday.com/story/news/politics/2018/01/05/fbi-documents-andrew-mccabe-had-no-conflict-hillary-clinton-email-probe/1007672001/|title=FBI documents: Andrew McCabe had no conflict in Hillary Clinton email probe|work=USA Today |date=January 5, 2018|access-date=January 5, 2018}} McCabe did not oversee the Clinton email server probe while his wife was running for office, and he was excluded from FBI investigations into public corruption cases in Virginia. According to USA Today, "the internal documents, published on the FBI's website, support what the bureau has asserted previously: that McCabe had no conflicts when he assumed oversight of the Clinton investigation. His role began in February 2016, following his appointment as deputy director and three months after his wife lost her bid for a state Senate seat."
/> However, starting in July 2017 while McCabe was the acting director, Trump repeatedly attacked McCabe in Twitter comments, suggesting that Sessions should dismiss McCabe because of the potential conflicts being investigated, and taunting McCabe about "racing the clock" until his retirement.{{cite news|url=https://thehill.com/homenews/administration/378826-sessions-fires-mccabe-from-fbi/|title=Sessions fires McCabe from FBI|last=Williams|first=Katie Bo|date=March 16, 2018|work=The Hill|access-date=March 18, 2018}}{{cite news|url=http://www.newsweek.com/trump-mccabe-attacks-twitter-fbi-stepdown-794233|title=All the times Trump attacked Andrew McCabe before deputy FBI director stepped down|last=Price|first=Greg|date=January 29, 2018|work=Newsweek|access-date=March 18, 2018}} In May 2017, an investigation by the FBI Inspection Division into the leaks regarding the investigation in the Clinton Foundation was expanded to include the leak of the contents of the phone call that was published on October 30, 2016. McCabe was interviewed twice by the Inspection Division, in May and August 2017, and the conflicting information in those interviews led the OIG to open an investigation in late August 2017.{{cite web|url=https://static01.nyt.com/files/2018/us/politics/20180413a-doj-oig-mccabe-report.pdf|title=A Report of Investigation of Certain Allegations Related to Former FBI Deputy Director Andrew McCabe|publisher=Office of the Inspector General|location=Washington, D.C.|date=February 2018|access-date=March 1, 2022}} This was a separate investigation from the ongoing one for conflict of interest.{{citation needed|date=October 2021}}
==Political pressure==
In January, 2018, the Nunes memo, which alleges improper activities in seeking a warrant to surveil former Trump associate Carter Page, was prepared by the House Intelligence Committee. It asserted that McCabe "testified before the [House Intelligence] Committee in December 2017 that no surveillance warrant would have been sought from the FISC without the Steele dossier", a document many Trump supporters insist is completely false. However, McCabe's testimony was in classified session and no public transcript is available to confirm the Nunes memo assertion; disclosing contents of the classified testimony would be unlawful. Democratic representative Eric Swalwell, a member of the House Intelligence Committee, said the Nunes memo "seriously mischaracterizes the testimony of Deputy Director Andrew McCabe."{{cite news |url=https://www.washingtonpost.com/news/the-fix/wp/2018/02/03/4-crucial-questions-about-the-nunes-memo/|title=Analysis - 4 crucial questions about the Nunes memo|first=Aaron|last=Blake|date=February 3, 2018 |newspaper=The Washington Post |access-date=March 17, 2018}} The Nunes memo also asserts that a text message from Peter Strzok discusses "a meeting with Deputy Director McCabe to discuss an 'insurance' policy against President Trump's election". However, The Wall Street Journal reported on December 18, 2017, that Strzok associates said the "insurance policy" meant the FBI continuing its investigation into possible collusion between Trump and Russians, in case Trump won the election.{{cite news |first1=Alex|last1=Ward|first2=Zeeshan|last2=Aleem|date=February 2, 2018|url=https://www.vox.com/2018/2/2/16957588/nunes-memo-released-full-text-read-pdf-declassified|title=Read: the full text of the Nunes memo|website=Vox|access-date=March 17, 2018}}{{cite news |url=https://www.wsj.com/articles/in-fbi-agents-account-insurance-policy-text-referred-to-russia-probe-1513624580|title=In FBI Agent's Account, 'Insurance Policy' Text Referred to Russia Probe|first=Del Quentin |last=Wilber|date=December 18, 2017|newspaper=The Wall Street Journal |access-date=March 17, 2018}}
By January 2018, it was also reported that Sessions had been pressuring Wray to fire McCabe. However, Wray refused and reportedly threatened to resign if McCabe was removed.{{cite news|url=https://www.axios.com/scoop-sessions-fbi-trump-christopher-wray-877adb3e-5f8d-44a1-8a2f-d4f0894ca6a7.html|title=Scoop: FBI director threatened to resign amid Trump, Sessions pressure|last=Swan|first=Jonathon|date=January 23, 2018|work=Axios|access-date=January 29, 2018}}{{cite news |url=https://www.chicagotribune.com/news/nationworld/politics/ct-fbi-sessions-wray-20180122-story.html|title=FBI Director Wray resists pressure from Sessions to replace senior personnel as tensions swell|last1=Barrett|first1=Devlin|last2=Rucker|first2=Philip |date=January 29, 2018|work=Chicago Tribune|access-date=January 29, 2018}}
In February 2018, the OIG finished its second investigation into the FBI leaks. The result of the investigation was: "As detailed in this report, the OIG found that then-Deputy Director Andrew McCabe lacked candor, including under oath, on multiple occasions in connection with describing his role in connection with a disclosure to the WSJ, and that this conduct violated FBI Offense Codes 2.5 and 2.6. The OIG also concluded that McCabe’s disclosure of the existence of an ongoing investigation in the manner described in this report violated the FBI’s and the Department’s media policy and constituted misconduct." The report was not publicly released for another two months, but on March 1, 2018 The New York Times and The Washington Post, stated the report concluded that McCabe was "responsible for approving an improper media disclosure", relating to the October 2016 Wall Street Journal article that reported on disagreements between the FBI and Justice Department over an investigation of the Clinton Foundation.{{cite news |first=Matt |last=Apuzzo |author-link=Matt Apuzzo |url=https://www.nytimes.com/2018/03/01/us/politics/justice-dept-andrew-mccabe.html |title=Andrew McCabe, Ex-Deputy Director of F.B.I., Will Be Faulted for Leaks |work=The New York Times |date=March 1, 2018}}{{cite news |first1=Matt |last1=Zapotosky |first2=Karoun |last2=Demirjian |url=https://www.washingtonpost.com/world/national-security/report-said-to-fault-fbis-former-no-2-for-approving-media-disclosure-misleading-inspector-general/2018/03/01/f1e532c0-1ce3-11e8-9de1-147dd2df3829_story.html |title=Report said to fault FBI's former No. 2 for approving improper media disclosure, misleading inspector general |newspaper=The Washington Post |date=March 1, 2018}}
In regards to the Crossfire Hurricane investigation, the Justice Department Inspector General report published on December 9, 2019, did not find McCabe engaged in politically biased actions against Trump.{{Cite web|url=https://www.cnn.com/2019/12/09/politics/inspector-general-justice-department-report-russia-fbi/index.html|title=READ: Justice Department inspector general report on FBI Russia probe|date=December 9, 2019|website=CNN|access-date=December 9, 2019}}{{Cite news|url=https://www.washingtonpost.com/national-security/justice-dept-watchdog-finds-political-bias-did-not-taint-top-officials-running-the-fbis-russia-probe-but-documents-other-errors/2019/11/22/4b2f51de-0d48-11ea-97ac-a7ccc8dd1ebc_story.html|title=Justice Dept. watchdog finds political bias did not taint top officials running the FBI's Russia probe but documents errors|first1=Ellen|last1=Nakashima|newspaper=The Washington Post}}{{Cite web|url=https://www.politico.com/news/2019/12/09/inspector-generals-report-russia-key-takeaways-079030|title=Inspector general's report on Russia probe: Key takeaways|last1=Bertrand|first1=Natasha|last2=Samuelsohn|first2=Darren|date=December 9, 2019|website=Politico|language=en|access-date=December 9, 2019}} After the report was published, McCabe said being accused of treason and being subject to years of personal attacks from Trump was "quite honestly terrifying", particularly as Trump had insinuated the proper punishment should be the death penalty.{{Cite web|url=https://www.cnn.com/2019/12/09/politics/mccabe-ig-report-cnntv/index.html|title=Andrew McCabe says being accused of treason by Trump is 'quite honestly terrifying'|last=LeBlanc|first=Paul|date=December 9, 2019|website=CNN|access-date=December 9, 2019}}
=Resignation and firing=
After meeting with Wray concerning the pending OIG report on the 2016 leaks and a possible demotion, McCabe announced on January 29, 2018, that he was stepping down as deputy director, effective immediately.{{cite news |first1=Mary Kay|last1=Mallonee|first2=Laura|last2=Jarrett|first3=Shimon|last3=Prokupecz|first4=Dan |last4=Merica|url=https://www.cnn.com/2018/01/29/politics/andrew-mccabe-fbi/index.html|title=FBI Deputy Director Andrew McCabe steps down abruptly |date=January 30, 2018|website=CNN|access-date=March 18, 2018}} He then went on paid leave until his scheduled retirement date of March 18, 2018, his 50th birthday, at which point he would be eligible for a retirement pension.{{Cite news |first1=Julia|last1=Ainsley|first2=Adam |last2=Edelman|url=https://www.nbcnews.com/politics/politics-news/fbi-deputy-director-andrew-mccabe-stepping-down-n842176 |title=FBI Deputy Director Andrew McCabe stepping down |website=NBC News|date=January 29, 2018 |access-date=January 29, 2018}} McCabe did not lose his entire pension.{{cite news |last=Bauer|first=Elizabeth|title=No, Andrew McCabe Isn't 'Losing His Pension'|url=https://www.forbes.com/sites/ebauer/2018/03/17/no-andrew-mccabe-isnt-losing-his-pension/|work=Forbes|date=March 17, 2018|access-date=April 1, 2018|archive-url=https://archive.today/20180401155021/https://www.forbes.com/sites/ebauer/2018/03/17/no-andrew-mccabe-isnt-losing-his-pension/|archive-date=April 1, 2018|language=en|url-status=live|df=mdy-all}}{{cite web|last1=Kalmbacher|first1=Colin|title=Turns Out Andrew McCabe Didn't Lose His Pension After All|url=https://lawandcrime.com/high-profile/turns-out-andrew-mccabe-didnt-lose-his-pension-after-all/|website=Law & Crime|publisher=LawNewz, Inc|access-date=April 1, 2018|archive-url=https://archive.today/20180401155326/https://lawandcrime.com/high-profile/turns-out-andrew-mccabe-didnt-lose-his-pension-after-all/|archive-date=April 1, 2018|language=en|date=March 19, 2018|url-status=live|df=mdy-all}}{{cite news |first1=David|last1=Shortell|first2=Laura|last2=Jarrett|title=McCabe could lose 'a lot of money' if fired before Sunday|url=https://edition.cnn.com/2018/03/16/politics/andrew-mccabe-pension-if-fired/index.html|website=CNN|date=March 17, 2018|access-date=April 1, 2018|archive-url=https://archive.today/20180401155751/https://edition.cnn.com/2018/03/16/politics/andrew-mccabe-pension-if-fired/index.html|archive-date=April 1, 2018|url-status=live|df=mdy-all}}
On March 14, 2018, it was reported the FBI's Office of Professional Responsibility, citing the inspector general's conclusions, had recommended that McCabe be fired, although McCabe had been notified of the recommendation on March 8.{{cite web |first=Ben|last=Mathis-Lilley|url=https://slate.com/news-and-politics/2018/03/fbi-may-fire-andrew-mccabe-after-inspector-general-review.html|title=FBI May Fire Andrew McCabe After Review Finds He Wasn't "Forthcoming" About Clinton Investigation|website=Slate|date=March 14, 2018|access-date=March 17, 2018}}{{cite news|url=https://www.cnn.com/2018/03/15/politics/mccabe-justice-department/index.html|title=Andrew McCabe pleading case at Justice Department|last=Brown|first=Pamela |author-link=Pamela Brown (journalist) |date=March 15, 2018 |website=CNN |access-date=March 16, 2018}} According to Office of Personnel Management regulations, McCabe was entitled to a 30-day notice prior to dismissal, but that period could have been shortened to seven days if there is reasonable cause to believe an imprisonable crime was committed.{{Cite web|first=Eli|last=Lee|url=https://www.citizensforethics.org/fbi-documents-new-details-firing-andrew-mccabe/|title=FBI Documents Offer New Details About Dismissal of Andrew McCabe|date=October 14, 2019|website=Citizens for Ethics}} Sessions announced at 10 p.m. on March 16, 2018, that he was taking the recommendation and firing McCabe, eight days after he had been notified of the recommendation to fire him. He cited the inspector general's report, which had not yet been publicly released, saying that "Mr. McCabe had made an unauthorized disclosure to the news media and lacked candor{{snd}} including under oath{{snd}} on multiple occasions."{{cite news|url=https://www.nbcnews.com/politics/justice-department/sessions-fires-mccabe-he-can-retire-n856751|title=Sessions fires McCabe before he can retire |last=Williams|first=Pete|date=March 16, 2018|work=NBC News|access-date=March 17, 2018}} McCabe told The New York Times, "The idea that I was dishonest is just wrong. This is part of an effort to discredit me as a witness."{{cite news |url=https://www.nytimes.com/2018/03/16/us/politics/andrew-mccabe-fbi-fired.html|title=Andrew McCabe, a Target of Trump's F.B.I. Scorn, Is Fired Over Candor Questions|first1=Matt|last1=Apuzzo |author-link=Matt Apuzzo |first2=Adam|last2=Goldman |author2-link=Adam Goldman |date=March 16, 2018 |newspaper=The New York Times |access-date=March 17, 2018}} It was unclear if Sessions knew at the time he fired McCabe that McCabe had authorized the criminal investigation of him in 2017. McCabe was dismissed less than two days before he would have collected a full early pension for his FBI career. He may have to wait until age 57–62 to begin collecting pension benefits.{{cite news|last1=Jarrett|first1=Laura|last2=Shortell|first2=David|title=Embattled FBI official Andrew McCabe could lose 'a lot of money' if fired before Sunday|url=https://www.cnn.com/2018/03/16/politics/andrew-mccabe-pension-if-fired/index.html |publisher=CNN |date=March 16, 2018 |access-date=March 17, 2018}} Trump immediately celebrated on Twitter, saying "Andrew McCabe FIRED, a great day for the hard working men and women of the FBI{{snd}} A great day for Democracy."{{cite news|url=https://www.vox.com/policy-and-politics/2018/3/17/17133436/andrew-mccabe-deputy-director-fbi-trump|title=Trump says Andrew McCabe's firing is a "great day for democracy"|last=Stewart|first=Emily|date=March 17, 2018|work=Vox|access-date=March 17, 2018}}
On March 17, Democratic Congressman Mark Pocan of Wisconsin offered McCabe a security post in his congressional office. With McCabe short by two days of work for a federal agency to receive his benefits, Pocan said that "Andrew McCabe's firing makes it clear that President Trump is doing everything he can to discredit the FBI and undermine the Special Counsel's investigation" and described his job offer as a "legitimate offer to work on election security". Massachusetts Democratic Congressman Seth Moulton was also reported to be considering offering McCabe a position in his office.{{cite news |url=https://www.jsonline.com/story/news/politics/2018/03/17/wisconsin-democrat-u-s-rep-mark-pocan-offers-fired-fbi-deputy-director-mccabe-job/435178002/|title=Wisconsin Democrat U.S. Rep. Mark Pocan offers fired FBI deputy director McCabe a job|first=Annysa|last=Johnson|newspaper=Milwaukee Journal Sentinel|date=March 17, 2018|access-date=March 18, 2018}}
On March 21, 2018, FBI Director Christopher A. Wray stated that McCabe's firing was not politically influenced but done "by the book".{{Cite news|url=https://thehill.com/homenews/administration/379584-wray-suggests-mccabe-firing-was-not-politically-influenced/ |title=Wray: McCabe firing was not politically influenced|last=Samuels|first=Brett|date=March 21, 2018|work=The Hill|access-date=March 23, 2018}}{{Cite news |url=https://www.nbcnews.com/politics/national-security/fbi-chief-wray-mccabe-termination-politics-fbi-don-t-mix-n858611|title=FBI chief on McCabe firing: Politics and the FBI don't mix|first=Adam|last=Edelman|date=March 21, 2018|work=NBC News|access-date=March 23, 2018}} Also on March 21, immediately after McCabe's firing, a parallel situation was noted and reported: that just as Jeff Sessions had fired McCabe for lacking "candor", McCabe had, nearly a year previous to his own firing, authorized a criminal investigation into "whether Sessions lacked candor when testifying before Congress about contacts with Russian operatives".{{cite news |last=Levine|first=Mike|date=March 21, 2018|title=Fired FBI official authorized criminal probe of Sessions, sources say: Exclusive|work=ABC News|url=https://abcnews.go.com/US/exclusive-fired-fbi-official-authorized-criminal-probe-sessions/story?id=53914006|access-date=March 23, 2018}}
On March 29, 2018, McCabe opened up a GoFundMe site to collect money for the legal costs arising from defending himself from the various investigations. The site raised $213,000 in five hours,{{Cite news|first=Matt|last=Zapotosky|url=https://www.washingtonpost.com/world/national-security/mccabe-launches-gofundme-to-raise-money-for-legal-costs/2018/03/29/e70a3492-337a-11e8-8bdd-cdb33a5eef83_story.html|title=McCabe launches GoFundMe to raise money for legal costs|newspaper=The Washington Post|date=March 29, 2018}} and by the time it was shut down on April 2, 2019, had raised more than $538,000.{{Cite web|url=https://www.washingtonpost.com/world/national-security/mccabe-will-shut-down-gofundme-page-which-raised-more-than-537000-for-his-legal-defense/2018/04/02/f0cf7be4-3687-11e8-9c0a-85d477d9a226_story.html|title=McCabe will shut down GoFundMe page, which raised more than $538,000 for his legal defense|first=Matt|last=Zapotosky|newspaper=The Washington Post}}
On April 13, the OIG report was released to Congress and obtained by the Associated Press, which then published it. McCabe issued a response to the report, disputing its conclusions.{{cite news |last1=Tucker |first1=Eric |last2=Jalonick |first2=Mary Clare |title=Ex-FBI deputy director McCabe misled investigators: watchdog report |url=https://chicago.suntimes.com/politics/former-fbi-deputy-director-andrew-mccabe-misled-investigators-watchdog-report/ |work=Chicago Sun-Times |agency=Associated Press |language=en}} The report found that McCabe lied to or misled federal investigators at least four times, with three of these instances occurring while he was under oath.{{cite news |last1=Zapotosky |first1=Matt |title=Inspector general report faults Andrew McCabe for unauthorized disclosure of information, misleading investigators |url=https://www.washingtonpost.com/world/national-security/justice-department-inspector-general-provides-report-to-congress-on-andrew-mccabe/2018/04/13/ce367c4c-3f36-11e8-974f-aacd97698cef_story.html |newspaper=The Washington Post |date=April 13, 2018 |access-date=April 13, 2018}}{{Cite news|url=https://www.foxnews.com/politics/doj-ig-releases-explosive-report-that-led-to-firing-of-ex-fbi-deputy-director-andrew-mccabe/|title=DOJ IG releases explosive report that led to firing of ex-FBI Deputy Director Andrew McCabe|last1=Shaw|first1=Adam|date=April 13, 2018|website=Fox News |access-date=April 17, 2018}} The report also stated that his approval of disclosures to the media was within his power, but was a policy violation because it was done "in a manner designed to advance his personal interests at the expense of Department leadership". McCabe's lawyer Michael R. Bromwich responded that the investigation and report had been politicized by pressure from Trump, and announced that McCabe intended to sue the Trump administration and senior officials for "wrongful termination, defamation, Constitutional violations and more".{{cite news |last=Serwer |first=Adam |author-link=Adam Serwer |url=https://www.theatlantic.com/politics/archive/2018/04/trump-claims-vindication-in-mccabes-lack-of-candor/558035/ |title=Trump's Claims About McCabe Aren't Supported by Internal FBI Review |work=The Atlantic |date=April 13, 2018 |access-date=April 15, 2018}} McCabe filed suit in August 2019.{{Cite web|url=https://politi.co/2OM7yZK|title=Andrew McCabe sues DOJ, claims his firing was 'retaliation' directed by Trump|first=Kyle|last=Cheney|website=Politico|date=August 8, 2019 }} In September 2020, federal district court judge Randy Moss denied a Justice Department motion to dismiss the suit, allowing the case to proceed to the discovery phase.{{Cite web|first1=Kyle|last1=Cheney|first2=Josh|last2=Gerstein|url=https://www.politico.com/news/2020/09/24/judge-lawsuit-discovery-421283|title=Judge rejects DOJ attempt to scrap McCabe lawsuit, orders discovery|website=Politico|date=September 24, 2020}}
==Legal and IRS proceedings==
On March 19, 2018, Citizens for Responsibility and Ethics in Washington filed a Freedom of Information Act (FOIA) with the FBI requesting documents related to McCabe's termination. The FBI said it would post the documents on its website, but failed to do so.{{Cite web|url=https://www.citizensforethics.org/lawsuit/crew-sues-doj-over-andrew-mccabe-firing-records/|title=CREW Sues DOJ Over Andrew McCabe Firing Records|website=CREW|date=July 30, 2018 }} Instead, beginning in July 2018, the Justice Department brought the case before a grand jury attempting to indict McCabe for his actions outlined in the OIG report released in April, 2018. False statements made during the course of internal DOJ investigations (administrative investigations) are typically punished by administrative discipline, rather than criminal prosecutions, and McCabe's attorneys asserted he was being singled out.{{Cite news|url=https://www.nytimes.com/2019/09/13/us/politics/andrew-mccabe-grand-jury.html|title=Andrew McCabe Asks Justice Dept. Whether Grand Jury Rejected Charges|first1=Eileen|last1=Sullivan|first2=Adam|last2=Goldman|date=September 13, 2019|newspaper=The New York Times}}{{Cite web|url=https://www.lawfaremedia.org/article/mystery-mccabe-grand-jury|title=On the Mystery of the McCabe Grand Jury|date=September 13, 2019|website=Lawfare}} The grand jury apparently declined to indict McCabe, and in September 2019 former DOJ inspector general Michael Bromwich, representing McCabe, wrote a letter to Jessie Liu, the US Attorney for the District of Columbia, stating "It is clear that no indictment has been returned" by the grand jury, based on press reports and a discussion he had had with the prosecutors involved in the case, Joseph Cooney and Molly Gaston. Such an outcome would be highly unusual, as grand juries return indictments for nearly all cases brought to them. Consequently, a failure to secure a grand jury indictment—which may require only a simple majority decision based solely on evidence presented by the government—could prove embarrassing to the DOJ, as it suggests the government's case could not win a unanimous trial jury verdict. McCabe's attorneys asserted the DOJ should drop the investigation if the grand jury did not return an indictment. The New York Times reported that two prosecutors on the case had recently left the DOJ, which is unusual in a case nearing an indictment, with one of the attorneys expressing reservations about the merits of the DOJ case. The Times also noted political undertones of the case, as McCabe had authorized the investigation into whether Trump had obstructed justice, and as a result he had become a frequent target of Trump's ire. McCabe filed a wrongful termination suit against the DOJ in August 2019, asserting his firing was intended to remove officials who had been deemed insufficiently loyal to Trump.{{Cite news|url=https://www.nytimes.com/2019/09/12/us/politics/andrew-mccabe-fbi.html|title=Justice Dept. Rejects Andrew McCabe's Bid to Avoid Charges|first1=Adam|last1=Goldman|first2=Katie|last2=Benner|date=September 12, 2019|newspaper=The New York Times}}{{Cite news|first1=Matt|last1=Zapotosky|first2=Spencer S.|last2=Hsu|date=September 12, 2019|url=https://www.washingtonpost.com/national-security/justice-dept-authorized-prosecutors-to-charge-andrew-mccabe/2019/09/12/5b0d48ea-d418-11e9-9343-40db57cf6abd_story.html|title=Justice Department authorized prosecutors to charge Andrew McCabe|newspaper=The Washington Post}}{{Cite news|url=https://www.wsj.com/articles/andrew-mccabes-lawyer-again-asks-prosecutors-to-drop-case-11568397719|title=Andrew McCabe Hasn't Been Indicted, a Sign That Case May Be in Jeopardy|first1=Aruna|last1=Viswanatha|first2=Byron|last2=Tau|newspaper=The Wall Street Journal|date=September 13, 2019}}
In August 2019, McCabe filed a wrongful termination lawsuit against the Department of Justice, saying his firing, which took effect only hours before his scheduled retirement, was the result of Trump's improper political interference. His suit says he is "entitled to his full law enforcement pension and all other benefits, privileges, and rights currently being withheld".{{cite news|url=https://www.npr.org/2019/08/08/693598382/ex-deputy-fbi-director-andrew-mccabe-sues-over-what-he-calls-wrongful-firing|title=Ex-Deputy FBI Director Andrew McCabe Sues Over What He Calls Wrongful Firing|last=Johnson|first=Carrie|date=August 8, 2019|website=NPR|access-date=9 August 2019}}
In early 2019, Attorney General William Barr assigned prosecutor John Durham to conduct an inquiry into the origins of the Crossfire Hurricane investigation.{{Cite web|url=https://www.courant.com/breaking-news/hc-br-john-durham-william-barr-russia-investigation-20190514-y3azsicsb5aezexkat2zltjuxa-story.html|title=Connecticut U.S. Attorney John Durham tapped to lead Russia investigation review|first1=Edmund H.|last1=Mahony|first2=Zach|last2=Murdock|website=Hartford Courant|date=May 13, 2019}} On September 30, 2019, it was reported that Durham had offered McCabe a plea deal that McCabe had rejected. McCabe and his attorneys denied having been offered the plea deal.{{Cite web|url=https://www.washingtonexaminer.com/news/andrew-mccabe-denies-claim-that-john-durham-offered-pre-indictment-plea-deal|title=Andrew McCabe denies claim that John Durham offered pre-indictment plea deal|date=October 30, 2019|website=Washington Examiner}} In a court proceeding the same day, Federal Judge Reggie B. Walton heard arguments stemming from a July 30, 2018, lawsuit filed by Citizens for Responsibility and Ethics in Washington because the FBI had been unresponsive to its March Freedom of Information Act (FOIA) request. The DOJ had requested an exemption from FOIA because "records or information could reasonably be expected to interfere with enforcement proceedings." Walton told federal prosecutors that they needed to either file charges against McCabe or drop the investigation, saying "This is just dragging too long." Walton gave prosecutors a November 15, 2019, deadline to file charges, saying he would order the release of the documents after that date if no charges had been filed.{{cite news|url=https://thehill.com/policy/national-security/fbi/463870-judge-tells-justice-dept-to-charge-mccabe-or-drop-investigation/|title=Judge tells DOJ to charge McCabe or drop investigation|last=Frazin|first=Rachel|date=October 1, 2019|work=The Hill|access-date=1 October 2019}} In a November 14, 2019, hearing, Walton excoriated prosecutors, suggesting they were stalling a decision whether to charge McCabe by using a "smoke screen" to deceive the court and continue the hold on the release of the documents, which he released.{{Cite web|url=https://www.politico.com/news/2019/11/14/andrew-mccabe-prosecution-uncertainty-071028|title=Judge slams feds over murky stance on McCabe|last=Gerstein|first=Josh|website=Politico|language=en|date=November 14, 2019|access-date=December 10, 2019}}
In December 2019, Trump nominated the DOJ official with oversight on the case, Liu, to serve as an undersecretary in the Treasury Department. The following month, Liu determined there was insufficient evidence to indict McCabe, and on February 1, 2020, she was transferred to the Treasury Department to await her confirmation, as Barr replaced her with his close advisor Timothy Shea. Hearings for the confirmation were scheduled to begin on February 14. On February 11, Trump abruptly withdrew her nomination, and she resigned from the government the next day.{{Cite news|url=https://www.nytimes.com/2020/02/15/us/politics/trump-barr-justice-department.html|title=Fearful of Trump's Attacks, Justice Dept. Lawyers Worry Barr Will Leave Them Exposed|first1=Katie|last1=Benner|first2=Sharon|last2=LaFraniere|first3=Nicole|last3=Hong|newspaper=The New York Times|date=May 18, 2020}}{{Cite web|url=https://www.cnn.com/2020/02/12/politics/jessie-liu-treasury-nomination-roger-stone/index.html|title=Decision to pull Liu's nomination directly linked to her oversight of Stone and McCabe cases|first=Kaitlan|last=Collins|website=CNN|date=February 12, 2020 }}{{Cite web|url=https://thehill.com/homenews/administration/482930-jessie-liu-resigns-after-nomination-for-treasury-department-post/|title=Jessie Liu resigns after nomination for Treasury post withdrawn: report|first=Tal|last=Axelrod|date=February 13, 2020|website=The Hill}}{{Cite web|first1=Peter|last1=Alexander|first2=Dareh |last2=Gregorian|url=https://www.nbcnews.com/politics/donald-trump/former-us-attorney-who-oversaw-roger-stone-case-resigns-n1136411|title=Jessie Liu, ex-U.S. attorney who oversaw Roger Stone case, resigns from Trump administration|website=NBC News|date=February 13, 2020}} On February 14, 2020, the DOJ advised McCabe's attorneys that he would not be prosecuted.{{Cite web|first1=Mike|last1=Levine|first2=Alexander|last2=Mallin|date=2020-02-14|url=https://abcnews.go.com/Politics/fbi-deputy-director-andrew-mccabe-charged-justice-department/story?id=68989166|title=Former FBI Deputy Director Andrew McCabe won't be charged, Justice Department says|website=ABC News}} Later that day, The Hill said: "(S)ome have questioned whether the decision Friday to drop possible charges is an attempt to quell controversy surrounding the Justice Department's recommended sentencing for longtime Trump aide Roger Stone, which was reduced after complaints by the president." The Hill also quoted McCabe himself saying: “I don’t think I’ll ever be free of this President and his maniacal rage that he’s directed towards me and my wife since October of 2016 for absolutely no reason whatsoever."{{Cite web|url=https://thehill.com/policy/national-security/fbi/483215-mccabe-i-dont-think-i-will-be-ever-be-free-of-this-president-and/|title=McCabe: 'I don't think I will ever be free of this president and his maniacal rage'|date=February 14, 2020}}-In a February 15, 2020, tweet, Trump stated: "IG RECOMMENDED MCCABE’S FIRING" {{Cite web|url=https://www.palmbeachpost.com/news/20200215/trump-in-palm-beach-president-tweets-golfs-ahead-of-night-out-at-fundraiser|title=Trump in Palm Beach: President tweets, golfs ahead of night out at fundraiser|first=Adriana|last=Delgado|website=The Palm Beach Post|access-date=February 16, 2020|archive-date=February 16, 2020|archive-url=https://web.archive.org/web/20200216182723/https://www.palmbeachpost.com/news/20200215/trump-in-palm-beach-president-tweets-golfs-ahead-of-night-out-at-fundraiser|url-status=dead}} The OIG made no such recommendation, having stated at the end of its report: "The OIG is issuing this report to the FBI for such action that it deems to be appropriate."
On October 14, 2021, the Justice Department reversed Mr. McCabe's firing, settling a lawsuit he filed asserting he was dismissed for political reasons. Under the terms of the settlement, the government agreed to "rescind and vacate" McCabe's removal and correct its records to reflect that McCabe retired in good standing on March 19, 2018, as deputy director, and to pay his pension as well as $200,000 in missed pension payments.{{Cite news|title=Settlement Agreement, McCabe v. Garland, et al. |url=https://context-cdn.washingtonpost.com/notes/prod/default/documents/cbc97903-e82e-4c71-be14-7c603fe724b4/note/ccc87fd0-020b-4fdb-b491-9fbafccd3b6f.#page=1 |pages=2–5 |date=October 14, 2021|newspaper=Washington Post}} The government also agreed to pay more than $500,000 in legal fees McCabe had incurred and expunge any record of his being fired from FBI personnel records.{{Cite news|last=Goldman|first=Adam|date=2021-10-14|title=F.B.I. Official Fired Under Trump Wins Back His Pension|language=en-US|work=The New York Times|url=https://www.nytimes.com/2021/10/14/us/politics/andrew-mccabe-trump-fired-pension.html|access-date=2021-10-15|issn=0362-4331}} On October 27, 2021, Attorney General Merrick Garland testified about McCabe's lawsuit at an oversight hearing before the Senate Judiciary Committee, stating that the DOJ lawyers defending the case "concluded that they needed to settle the case because of a likelihood of loss on the merits."{{cite AV media | people=Attorney General Merrick Garland | date=October 27, 2021 | publisher=CSPAN.com | time=1:30 | title=AG Garland Defends Settlement in Andrew McCabe Case |url= https://www.c-span.org/video/?c4983712/ag-garland-defends-settlement-andrew-mccabe-case}}
In July 2022, The New York Times reported that both McCabe and Comey had been selected for the most invasive type of IRS audit after they had been fired from the FBI. The matter was referred to a Treasury Department inspector general on the day after the report.{{cite news |last1=Schmidt |first1=Michael S. |title=Comey and McCabe, Who Infuriated Trump, Both Faced Intensive I.R.S. Audits |url=https://www.nytimes.com/2022/07/06/us/politics/comey-mccabe-irs-audits.html |work=The New York Times |date=July 6, 2022}}{{cite news |title=I.R.S. Asks Inspector General to Review Audits of Comey and McCabe |url=https://www.nytimes.com/2022/07/07/us/politics/irs-comey-mccabe.html |work=The New York Times |date=July 7, 2022|author1=Michael S. Schmidt|author2=Glenn Thrush}} The Times said that the odds of anyone being selected for such an audit are very low, and the odds of the two top former FBI officials both being selected by chance were "minuscule". According to tax experts, both had an increased chance of being randomly selected for research audits because their incomes increased after their FBI careers ended – McCabe by his CNN punditry and Comey by his book deals and paid speeches.{{cite news |first1=Jacob |last1=Bogage |title=Trump did not target ex-FBI leaders with tax audits, investigators say |url=https://www.washingtonpost.com/us-policy/2022/12/01/trump-irs-comey-mccabe/ |newspaper=The Washington Post |date=December 1, 2022}} The Times reported in November 2022 that Trump's former chief of staff John Kelly said the president told him Comey and McCabe were among his perceived political enemies he wanted to "get the IRS on".{{cite news |last1=Schmidt |first1=Michael S. |title=Trump Wanted I.R.S. Investigations of Foes, Top Aide Says |url=https://www.nytimes.com/2022/11/13/us/politics/trump-irs-investigations.html |work=The New York TImes |date=November 13, 2022}} Trump denied being involved in the audits.{{cite news |last1=Schmidt |first1=Michael S. |title=Report Suggests Tax Audits of Trump Foes Were Random, but Leaves Questions |url=https://www.nytimes.com/2022/12/01/us/politics/irs-audit-comey-mccabe.html |work=The New York TImes |date=December 2, 2022}} An investigation by the Treasury Inspector General for Tax Administration (TIGTA) concluded that the audits were in fact randomly selected and not political retribution.{{cite news |title=Treasury watchdog finds no Trump retribution evidence in Comey, McCabe audits |url=https://thehill.com/policy/finance/3758611-treasury-watchdog-finds-no-trump-retribution-evidence-in-comey-mccabe-audits/ |work=The Hill |date=December 1, 2022|first=Tobias|last=Burns}}
Commentary
In August 2019, McCabe was hired by CNN as contributor, drawing criticism from media critics and conservatives.{{cite news |last1=Homan |first1=Timothy R. |date=August 23, 2019 |title=Conservatives lash out at CNN for hiring Andrew McCabe |language=en |work=The Hill |url=https://thehill.com/homenews/media/458531-conservatives-lash-out-at-cnn-for-hiring-andrew-mccabe/}}{{cite news |last1=Wulfsohn |first1=Joseph |date=August 23, 2019 |title=Trump blasts CNN for 'disgraceful' hiring of ex-FBI official Andrew McCabe |work=Fox News |url=https://www.foxnews.com/media/trump-cnn-disgraceful-andrew-mccabe}} In December 2022, shortly after the appointment of special counsel Jack Smith to investigate former Pres. Trump's mishandling of classified documents, McCabe teamed up with podcaster Allison Gill, of Mueller, She Wrote fame, on a new podcast series, Jack, to follow the case.{{Cite web |date=2022-12-07 |title='You Don't Know Jack' documents the DOJ's investigations of Trump |url=https://podsauce.com/articles/you-dont-know-jack-documents-the-dojs-investigation-of-trump/ |access-date=2023-01-17 |website=Podsauce |language=en-US}} After the Smith investigation ended, McCabe and Gill started UnJustified to follow the actions of the DOJ during Trump's second presidential term.{{Cite web |title= UnJustified - Podcast Analytics & Insights - Podscan.fm|url=https://podscan.fm/podcasts/unjustified}}
Personal life
McCabe is married to Jill McCabe, a physician specializing in pediatrics, who was the Democratic candidate for Virginia's 13th Senate District in 2015.{{cite news |url=http://www.washingtonexaminer.com/trump-slams-fbi-deputy-director-andrew-mccabe-for-donations-to-wifes-campaign/article/2644307 |title=Trump slams FBI Deputy Director Andrew McCabe for donations to wife's campaign |date=December 23, 2017 |access-date=January 29, 2018}} They have two children, a son and a daughter.{{cite news |url=https://heavy.com/news/2017/05/andrew-mccabe-fbi-wife-jill-politican-campaign-hillary-clinton-donation-children-kids/ |title=Trump slams FBI Deputy Director Andrew McCabe for donations to wife's campaign |date=May 9, 2017 |access-date=January 31, 2018}} He is a triathlete who occasionally{{Cite web |title=JACK: A Special Counsel Podcast |url=https://mswmedia.com/show/jack-a-special-counsel-podcast/ |access-date=2024-04-22 |website=MSW Media |language=en-US}} biked {{convert|35|mi}} to work from his home in Ashburn, Virginia.{{Cite web|first1=Trevor|last1=Baratko|first2=Julie|last2=Pace|title=With Comey's firing, Ashburn resident Andrew McCabe takes control of the FBI|url=https://www.loudountimes.com/news/with-comeys-firing-ashburn-resident-andrew-mccabe-takes-control-of-the-fbi/article_3726a2d3-85a8-5907-9ee4-37418af26519.html|access-date=|website=Loudoun Times-Mirror|date=May 9, 2017 |language=en}} When biking to work, he and his friend would switch off driving while the other biked. The one who did not bike would then drive both home at day's end. {{Cite web |title=JACK: A Special Counsel Podcast |url=https://mswmedia.com/show/jack-a-special-counsel-podcast/ |access-date=2024-04-22 |website=MSW Media |language=en-US}}
Works
{{external media| float = right| video1 = [https://www.c-span.org/video/?457715-1/after-words-andrew-mccabe After Words interview with McCabe on The Threat, March 2, 2019], C-SPAN}}
- The Threat: How the FBI Protects America in the Age of Terror and Trump (St. Martin's Press, released February 19, 2019) {{ISBN|9781250207579}}
See also
References
{{reflist}}
External links
- [https://www.fbi.gov/history/directors/andrew-mccabe FBI profile]
- {{C-SPAN|97141}}
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