I guess now we know what McCabe is using his GoFundMe earnings for?

Former FBI Deputy Director Andrew McCabe is suing the Department of Justice and the DOJ Inspector General, alleging the department failed to produce documents relevant to his firing.

McCabe was fired days before he planned an abrupt early retirement. His employment with the agency was terminated on the recommendation of both FBI and DOJ officials. McCabe was accused of leaking classified information and approving leaks to the press on numerous occasions.

McCabe planned a quick exit in anticipation of a damning IG report.

The WaPo reports:

“The complaint says the Justice Department has publicly defended the firing yet failed to identify for McCabe the policies and procedures it followed before dismissing him. The department has withheld the information, McCabe’s lawyers allege, for fear that the materials could be used against them in any additional lawsuits.

“We don’t create or adjudicate under secret law or procedure,” David Snyder, one of McCabe’s lawyers, said in an email to The Associated Press.

The lawsuit in federal court in Washington also comes just days ahead of a Justice Department inspector general report expected to criticize senior FBI officials, including McCabe, for their actions during the Hillary Clinton email investigation.

McCabe’s lawyers say in the complaint that they want the records as they “seek to vindicate Mr. McCabe’s rights and restore his good name,” and as they weigh whether to take more legal action over a firing they contend was improper.

In the lawsuit, McCabe’s lawyers say the department has repeatedly insisted that it followed appropriate policies and procedures before firing McCabe but has either denied or refused to respond to requests about that process.

“Defendants fear that disclosure to Plaintiff of the documents at issue will place Defendants and others at risk in any proceedings brought against them by Mr. McCabe,” the complaint states. “Based on these fears, Defendants appear to have preemptively decided not to disclose the documents to Plaintiff.”

Among the records being sought are an inspector general manual that lays out the guidelines governing the office and FBI policy guides on how disciplinary matters should be handled.

The lawsuit says the inspector general’s office has refused to make the manual available and denied the lawyers access to a library or reading room to review the document. The complaint says the FBI and Justice Department failed to disclose the FBI documents, preventing McCabe and his lawyers from knowing whether appropriate procedures were followed before the firing.

Contrary to much reporting at the time of his firing, McCabe wasn’t stripped of his pension when he was fired. Being fired meant access to his pension was delayed, but not that it was forfeited.

In April, the IG sent a criminal referral of McCabe to a U.S. Attorney in D.C.

Shortly after McCabe was fired, his attorneys promised several suits saying, “we’ll file when we’re ready.”

Last week, Jonathan Turley discussed why the indictment of James Wolfe ought to concern McCabe most:

The indictment of James Wolfe, 58, former security director of the Senate Select Committee on Intelligence (SSCI), has sent shockwaves around Washington. Wolfe faces three counts of violating 18 U.S.C. 1001, for making false statements to criminal investigators, and could easily face serious jail time if convicted. After a year of leaks cascading down Capitol Hill, Wolfe is a cautionary tale for many members, staffers and journalists. Yet, one person should be especially discomforted by the indictment: former FBI deputy director Andrew McCabe.

The Wolfe indictment shows the Justice Department has been actively pursuing leaks out of Congress. Given the lack of prior action, members and staffers may have become emboldened over time, but it now appears the Trump administration has been quietly tracking down the source of some news articles.

He might be fighting back on procedural technicalities, but that won’t save him from ongoing investigations which continue to produce evidence of his involvement in a number of leaks.


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