Should McCabe be charged? Lawyers weigh inBaltimore Post-Examiner

Should McCabe be charged? Lawyers weigh in

WASHINGTON — Days ahead of the expected release of a second Justice Department Inspector General report on the investigation into former Deputy FBI Director Andrew McCabe, questions remain as to whether he should be charged.

“I believe that the U.S. Attorney’s Office would be acting well within its prosecutorial discretion to charge Mr. McCabe,” national security attorney Sean Bigley said.

Bigley went on to say: “McCabe and [former FBI Director James] Comey have both exhibited the Hillary Clinton mentality of ‘do as I say, not as I do,’ which should be an alarming philosophy to all Americans, regardless of political party affiliation.”

Nick Akerman, a former assistant U.S. attorney who served on the Watergate special prosecution team, said it is too soon to assess whether McCabe should be charged.

“There is no way to properly answer this question without knowing all of the facts and circumstances surrounding the statement claimed as a lie,” Akerman said. “Whether someone lied to the FBI is highly fact-based and without at least the report, there is no way to answer this question.”

Akerman downplayed suggestions that McCabe may have been given preferential treatment.

“The factual investigation and determination based on the facts is the same as what would be expected with a non-government employee,” he said.

Former federal prosecutor Jacob Frenkel said McCabe’s high-profile status puts him at a disadvantage.

“The average civilian confronting a false statements charge does not have the allegations subject to such intense public scrutiny,” he said. “On the other hand, the statements of [high-] profile individuals, including public officials and professional athletes, often are under a microscope for possible false statements prosecution analysis.”

McCabe is accused of lying to FBI agents about media leaks regarding the agency’s 2016 investigation into the Clinton Foundation. Two weeks ago, the IG sent federal prosecutors a criminal referral.

President Donald Trump fired McCabe in March, after an IG report recommended McCabe’s dismissal. Trump has questioned McCabe’s ability to be impartial in the FBI’s Trump-Russia probe. McCabe’s wife, Jill, is a former Virginia State Senate candidate and a political ally of Hillary Clinton.

McCabe has said he did not lie to investigators.

Many Republicans say the FBI and DoJ have demonstrated bias against the Trump administration. They argue that the agencies have displayed a double-standard when investigating allegations related to Clinton and Trump supporters.

This article is republished with permission from Talk Media News     

About the author

Bryan Renbaum

Bryan is a reporter and political columnist with Baltimore Post-Examiner and has broken multiple stories involving athletic scandals. He has been interviewed by ABC's Good Morning America as well as Baltimore area radio stations. Bryan has both covered and worked in the Maryland General Assembly and is extremely knowledgeable of politics, voting patterns and American history. In addition to his regular duties, Bryan freelances for several publications and performs investigative research. He has a B.A. in Political Science. Contact the author.

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