McCabe team demands DOJ show its cards, citing rumors published by WaPo as reason

(Photo by Michael Kovac/Getty Images)

The case involving former FBI official Andrew McCabe seems to have descended into a series of threats and rumors as reports continue to emerge amid the Justice Department’s denial of his appeal.

With the former FBI deputy director facing potential criminal charges for lying to investigators about leaks to the media, his lawyer has reportedly made another attempt to get the case dropped due to “rumors” of a grand jury decision.

(File photo: screenshot)

The attorney questioned whether a grand jury that convened on Thursday left without filing an indictment against McCabe, according to Fox News.

McCabe’s legal team, in an email sent late Thursday and obtained by the news outlet, cited “rumors from reporters starting this morning that the grand jury considering charges against Mr. McCabe had declined to vote an indictment.”

“The only fair and just result is for you to accept the grand jury’s decision and end these proceedings,” McCabe’s attorney Michael Bromwich wrote. The DOJ was exhorted by the attorney to not “resubmit” the McCabe’s case if “the evidence presented by your office was insufficient to convince 12 members of the grand jury to find probable cause to believe that Mr. McCabe had committed any crimes.”

“Please confirm that if this in fact occurred, you would advise us promptly,” Bromwich requested in another email.

The former deputy and acting director of the FBI was informed Thursday via email from Deputy Attorney General Jeffrey Rosen that his appeal to drop the charges recommended by Jessie Liu, the U.S. attorney in Washington, D.C. was denied.

While McCabe has alleged in a lawsuit against the FBI and DOJ that his firing in March by then-Attorney General Jeff Sessions was politically motivated, Liu recommended moving forward with charges against him which stem from findings by the internal DOJ watchdog.

“We do not know the specific basis for the rumors, but they were credible enough that both the NY Times and Washington Post published stories suggesting that the grand jury may have declined to vote in favor of charges,” Bromwich said in the letter sent to Liu as well as the Justice Department.

On Thursday, The New York Times cited an article by The Washington Post which reported that a grand jury was “summoned back after a months-long hiatus to consider the case” but “came and went with no public charges being filed.”

“No grand jury indictments were presented Thursday at a daily hearing in the downtown courthouse where such indictments are typically discussed,” CNN – where McCabe is now a paid contributor – reported Friday, adding that it is “rare” for a grand jury, which conducts its business in secret, to not deliver an indictment when evidence is presented by prosecutors.


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