A lawyer representing former Deputy Director Andrew McCabe has announced he is filing a lawsuit against the Federal Bureau of Investigation and the Justice Department.
According to a report from the Daily Caller, the lawsuit alleges the FBI and DOJ failed to provide enough evidence for his firing. McCabe’s attorney, David L. Snyder, argues the government departments are required to provide the requested information via the Freedom of Information Act.
Per the report:
The documents could also “vindicate Mr. McCabe’s rights and restore his good name,” Snyder argues.
“Mr. McCabe denies that he engaged in any misconduct and asserts that the report—which relies on nonpublic ‘evidence’ — is premised on material misstatements, mischaracterizations, and omissions.”
McCabe was canned on March 16, just 26 hours before he was set to retire after a 20-year FBI career. Attorney General Jeff Sessions made the move on the recommendation of Associate Deputy Attorney General Scott Schools, who was in turn acting on a recommendation from the FBI’s Office of Professional Responsibility (OPR).
Here’s more from Associated Press:
The case pits the career law enforcement official against a Justice Department that employed him for more than two decades. It refocuses attention on a firing last March that divided current and former Justice Department officials. And it signals that McCabe, repeatedly targeted for criticism and attacks by President Donald Trump in the last year, is determined to try to clear his name in court even as he faces a possible criminal probe into whether he intentionally misled internal investigators.
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. The case names as defendants the Justice Department, the FBI and the inspector general’s office.
The 50-year-old McCabe was fired for a “lack of candor,” or lying, though his legal representation claims the justification is anything but clear.
According to the Daily Caller report, McCabe authorized an FBI official to speak with The Wall Street Journal in October 2016 concerning the Hillary Clinton email investigation. He subsequently lied about his role in later interviews.
According to an IG report released on April 13, McCabe gave misleading statements to OPR and the IG when he denied authorizing the leaks. The report also said McCabe falsely denied to his boss, then-FBI Director James Comey, that he had anything to do with the leak authorization.
Comey, who was fired on May 9, 2017, told investigators that he did not recall McCabe telling him that he authorized contacts with the press.
McCabe’s attorney also argues that shortly after his client’s firing, President Trump conducted a “smear campaign” to tarnish McCabe’s reputation. According to the report, after having served more than 20 years in the FBI, McCabe is looking to have his reputation restored:
Snyder, an attorney at the white shoe criminal defense firm Boies, Schiller & Flexner, initially filed Freedom of Information Act requests for FBI, DOJ, and IG policy manuals dealing with hiring and firing practices.
Snyder argues that the agencies may have violated longstanding policy when deciding to fire McCabe. McCabe argued just after he was fired that he was the victim of a smear campaign orchestrated by President Donald Trump.
Trump has been heavily critical of McCabe, especially over campaign donations that a Hillary Clinton ally gave to McCabe’s wife for a 2015 Virginia state senate race.
“Mr. McCabe and his family were thus stripped of their healthcare benefits and deprived of the pension to which he otherwise would have been entitled to for his many years of public service,” Snyder argued, as the Daily Caller reports.
As BizPac Review reports, McCabe is crowdfunding his legal defense and has raised more than $500,000. In addition to suing his former employer, the former FBI deputy director is also expected to testify before Congress and is facing a criminal case:
Note: The author of this article has included commentary that expresses an opinion and analysis of the facts.
The IG has referred McCabe’s case to the U.S. attorney’s office in Washington. The status of that case is unclear.
McCabe is also seeking immunity in exchange for his voluntary testimony before the Senate Committee on the Judiciary.
The IG is expected on Thursday to release a 500-page report of its investigation into the FBI’s handling of the Clinton email investigation.