If the government's case against Andrew McCabe fails, the Justice Department will be embarrassed—again—and struggling to answer why it brought the case in the first place
The case federal prosecutors reportedly are preparing to bring against former FBI Deputy Director Andrew McCabe for lying to his colleagues at the FBI is weak and likely to fail at trial. And if it does, the Department of Justice will be embarrassed—again—and struggling to answer why it brought the case in the first place.
career in public service who would argue that he would never intentionally lie because he knew the consequences of doing so could be severe. He already lost his job and his pension as a result of this investigation, and he has two children at home. Jurors would be hesitant to send him to prison for lying to a colleague, particularly given that no one was concretely harmed by his actions.
McCabe then allegedly lied about the leak to two internal investigators, telling them that he had “no idea” who the source of the leak was. McCabe claims that the question was an afterthought by the investigators and that he was confused about the article they were referring to. McCabe called the inspector general four days after the interview, said he had been thinking about the questions, and corrected the record. That strongly undercuts a conclusion that he knowingly and willfully lied, and it will be hard for a jury to send him to prison for a false statement that he promptly corrected without being asked.
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