15 Sep 2019 4:08 pm
Andrew McCabe Hasn’t Been Indicted, a Sign That Case May Be in Jeopardy
By The Wall Street Journal
Andrew McCabe hasn’t been indicted for allegedly lying to federal investigators, according to an email from his attorney asking prosecutors to drop the probe, a sign that the government’s case against the FBI’s former No. 2 official may be in jeopardy.
The email is the latest development in days of uncertainty about whether Mr. McCabe, who drew repeated criticism from President Trump during the U.S. criminal probe into Russian election interference, would face criminal charges for alleged false statements he made as part of an internal Justice Department probe into 2016 media leaks.
A federal grand jury met this week, according to people familiar with its deliberations. The days of closed-door drama without any sign of charges could indicate that prosecutors have encountered an unexpected snafu.
In an email dated Thursday, Mr. McCabe’s attorney, Michael Bromwich, asked the U.S. Attorney in Washington, Jessie Liu, to confirm Mr. McCabe’s status, saying he had spoken to the prosecutors involved in the case, Joseph Cooney and Molly Gaston, earlier Thursday.
“At a minimum, based on our discussion with Mr. Cooney and Ms. Gaston this afternoon, it is clear that no indictment has been returned,” Mr. Bromwich wrote.
A DOJ spokeswoman declined to comment.
Mr. McCabe had been under federal criminal investigation since the Justice Department’s internal watchdog concluded last year that he misled investigators about his role in providing information in October 2016 to a Wall Street Journal reporter. Mr. McCabe has long disputed the allegations. He was fired from his job in March 2018 just a day before he was eligible to retire with full benefits.
Prosecutors had presented the case to a grand jury in Washington this past week, according to people familiar with the matter. At least 12 members of the jury—which can range from 16 to 23 people—must vote in favor of an indictment in order for it to be returned. It is extremely rare for a grand jury to decline an indictment sought by prosecutors because it only hears the government’s version of events and doesn’t require unanimity. A common joke in the legal profession is that a grand jury would indict a ham sandwich, if asked.
Mr. McCabe’s legal team argued that if a grand jury rejected the case, there is no way a trial jury, with a much higher burden of proof, would find the former Federal Bureau of Investigation deputy director guilty.
“If the grand jury voted not to approve charges, it did not find probable cause. Therefore, it is simply not reasonable to believe that a trial jury would find Mr. McCabe guilty of any charges employing a far more rigorous and exacting standard—beyond a reasonable doubt,” Mr. Bromwich wrote.
The Washington Post reported Thursday that the grand jury had been released Thursday with no immediate signs of an indictment.
By The Wall Street Journal
Andrew McCabe hasn’t been indicted for allegedly lying to federal investigators, according to an email from his attorney asking prosecutors to drop the probe, a sign that the government’s case against the FBI’s former No. 2 official may be in jeopardy.
The email is the latest development in days of uncertainty about whether Mr. McCabe, who drew repeated criticism from President Trump during the U.S. criminal probe into Russian election interference, would face criminal charges for alleged false statements he made as part of an internal Justice Department probe into 2016 media leaks.
A federal grand jury met this week, according to people familiar with its deliberations. The days of closed-door drama without any sign of charges could indicate that prosecutors have encountered an unexpected snafu.
In an email dated Thursday, Mr. McCabe’s attorney, Michael Bromwich, asked the U.S. Attorney in Washington, Jessie Liu, to confirm Mr. McCabe’s status, saying he had spoken to the prosecutors involved in the case, Joseph Cooney and Molly Gaston, earlier Thursday.
“At a minimum, based on our discussion with Mr. Cooney and Ms. Gaston this afternoon, it is clear that no indictment has been returned,” Mr. Bromwich wrote.
A DOJ spokeswoman declined to comment.
Mr. McCabe had been under federal criminal investigation since the Justice Department’s internal watchdog concluded last year that he misled investigators about his role in providing information in October 2016 to a Wall Street Journal reporter. Mr. McCabe has long disputed the allegations. He was fired from his job in March 2018 just a day before he was eligible to retire with full benefits.
Prosecutors had presented the case to a grand jury in Washington this past week, according to people familiar with the matter. At least 12 members of the jury—which can range from 16 to 23 people—must vote in favor of an indictment in order for it to be returned. It is extremely rare for a grand jury to decline an indictment sought by prosecutors because it only hears the government’s version of events and doesn’t require unanimity. A common joke in the legal profession is that a grand jury would indict a ham sandwich, if asked.
Mr. McCabe’s legal team argued that if a grand jury rejected the case, there is no way a trial jury, with a much higher burden of proof, would find the former Federal Bureau of Investigation deputy director guilty.
“If the grand jury voted not to approve charges, it did not find probable cause. Therefore, it is simply not reasonable to believe that a trial jury would find Mr. McCabe guilty of any charges employing a far more rigorous and exacting standard—beyond a reasonable doubt,” Mr. Bromwich wrote.
The Washington Post reported Thursday that the grand jury had been released Thursday with no immediate signs of an indictment.