Sparta Report

The IG Report That Got McCabe Fired is Released, Crimes Committed Could Land Him at Least Ten Years in Prison

It is over for Andrew McCabe, the former FBI director. The Inspector General for the Department of Justice released their report to Congress and Fox News was able to obtain a copy of it. In the report, not to be confused with the wider investigation into the 2016 election by the IG, the investigation centered on the allegations against Andrew McCabe. The main report will be coming in May, according to Inspector General Horowitz.

The report finds that Andrew McCabe leaked a self-serving story to the press and lied about it to his superiors and federal investigators.  The report, looked at a leak to The Wall Street Journal about an FBI probe of the Clinton Foundation.

“[W]e concluded that McCabe’s decision to confirm the existence of the CF investigation through an anonymously sourced quote, recounting the content of a phone call with a senior department official in a manner designed to advance his personal interests at the expense of department leadership, was clearly not within the public interest exception,” the report says.

The report added, “Among the purposes of the disclosure was to rebut a narrative that had been developing following a story in The WSJ on Oct. 23, 2016, that questioned McCabe’s impartiality in overseeing FBI investigations involving [Clinton], and claimed that McCabe had ordered the termination of the [FBI’s Clinton Foundation investigation] due to Department of Justice pressure.”

Inspector General Michael Horowitz, appointed by President Brack Obama, had been reviewing FBI and DOJ actions leading up to the 2016 presidential election.

The report faults McCabe for leaking information to Wall Street Journal reporter Devlin Barrett for an Oct. 30, 2016, story titled “FBI in Internal Feud Over Hillary Clinton Probe.” The story — written just days before the presidential election – focused on the FBI announcing the reopening of the Clinton investigation after finding thousands of her emails on a laptop belonging to former Democratic Rep. Anthony Weiner, who was married to Clinton aide Huma Abedin.

That leak confirmed the existence of the probe, which then-FBI Director James Comey had up to that point refused to do. The report says that McCabe “lacked candor” in a conversation with Comey when he said that he had not authorized the disclosure and didn’t know who had done so.

McCabe was fired last month by Attorney General Jeff Sessions just days before he would have been eligible for a lifetime pension after it was determined that he misled investigators reviewing the bureau’s probe of Hillary Clinton’s email server.

Sessions said that McCabe “made an unauthorized disclosure to the news media and lacked candor − including under oath − on multiple occasions.”

President Trump reacted to the report Friday in a highly charged tweet saying McCabe “LIED! LIED! LIED!” and used the social media platform to describe allegations of collusion between his campaign and Moscow as “all made up by this den of thieves and lowlifes!”

 

The IG also found that he also lacked candor when questioned by FBI agents on multiple occasions since that conversation, where he told agents that he did authorize the disclosure and did not know who was responsible.

McCabe has denied the report’s findings that were used to fire him, “This attack on my credibility is one part of a larger effort not just to slander me personally, but to taint the FBI, law enforcement and intelligence professionals more generally.”

Michael Bromwich, who is serving as McCabe’s lawyer, said in a statement to Fox News, “The core weakness of the OIG report is the lack of any understandable motive for his alleged wrongdoing. It is undisputed that Mr. McCabe was one of three senior FBI officials authorized to share information with the media, including on sensitive investigative matters.”

“He chose to exercise that authority in October 2016, during one of the most turbulent periods in the history of the bureau, with the knowledge of Director Comey and other senior members of FBI management. His purpose was to protect the institutional reputation of the FBI against false claims, including that a sensitive investigation was being shut down for political reasons.”

He also attacked fired FBI Director James Comey’s vague memories of the incident.

“Mr. McCabe’s recollection of discussions he had with Director Comey about this issue is extremely clear; Director Comey’s recollection is, by his own acknowledgment, not at all clear. And yet two of the lack of candor allegations are based on Director Comey’s admittedly vague and uncertain recollection of those discussions. ”

Andrew McCabe could be looking forward to around ten to fifteen years in prison if convicted for the crimes he is alleged to have committed by the report. The penalties for violating 18 U.S. Code § 641 (releasing or conveying government records without authorization) is ten years in prison, while committing perjury carries a penalty of five years in prison:

Whoever embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or thing of value of the United States or of any department or agency thereof, or any property made or being made under contract for the United States or any department or agency thereof; or

Whoever receives, conceals, or retains the same with intent to convert it to his use or gain, knowing it to have been embezzled, stolen, purloined or converted—

Shall be fined under this title or imprisoned not more than ten years, or both; but if the value of such property in the aggregate, combining amounts from all the counts for which the defendant is convicted in a single case, does not exceed the sum of $1,000, he shall be fined under this title or imprisoned not more than one year, or both.

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