McCabe didn’t get immunity, so he took the Fifth; Loretta Lynch, Comey are no-shows at Senate judiciary hearing

Former FBI Deputy Director Andrew McCabe has basically told the Senate Judiciary Committee: no immunity, no testimony.

McCabe refused to testify about the IG report’s findings on the handling of Hillary Clinton’s email investigation by the FBI because he did not receive immunity from prosecution. McCabe invoked his Fifth Amendment rights against self-incrimination, Sen. Chuck Grassley said on Monday, according to The Washington Times.

(Image: screenshot)

McCabe’s attorney, Michael Bromwich, requested the protection from the Senate Judiciary Committee in a letter to Chairman Grassley earlier this month.

“If McCabe is not granted immunity, he will invoke his 5th Amendment privilege,” Bromwich wrote about the fired FBI official.

Former Attorney General Loretta Lynch and fired FBI Director James Comey also thumbed their noses at Monday’s  Senate Judiciary Committee hearing and were called out by Grassley in his opening statement.

“The Committee also invited Former Attorney General Lynch, Former FBI Director Comey, and former Deputy Director McCabe to testify today. Mr. McCabe’s lawyer wrote that his client would rely on his Fifth Amendment right against self-incrimination to avoid answering any questions here today,” Grassley said during his opening statement.

“Mr. Comey’s attorney tells us he is out of the country, although I saw he was in Iowa over the weekend. According to his Twitter feed, he seems to be having a wonderful time,” the Iowa Republican said.


“This is the second time since he was fired that Mr. Comey refused an invitation to testify here voluntarily. He has time for book tours and television interviews, but apparently no time to assist this Committee, which has primary jurisdiction over the Justice Department,” Grassley said. “Ms. Lynch also chose not to show up. The need for transparency does not end when senior officials are fired or quit.”

The Justice Department’s Inspector General Michael Horowitz and FBI Director Christopher Wray did appear before the Committee on Monday and testified about the report released last week, according to Townhall. A report from earlier this year had found that McCabe, who was fired in March just days before he was set to retire, had lied to investigators and leaked to the press.

Grassley noted that Republicans had sought to subpoena Comey, Lynch and McCabe to testify but Sen. Dianne Feinstein, the ranking California Democrat, blocked him.

“We changed our rules at the beginning of this Congress to ensure the Chairman and the Ranking Member could compel hearing testimony from important witnesses like these,” Grassley said. “Unfortunately, the Ranking Member refused to agree to compel any of them to be here today. That’s a shame, because we should be asking them how all of this happened on their watch.”


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