US attorney recommends moving forward with charges against McCabe after DOJ rejects his appeal

A U.S. attorney has recommended moving forward with charges against former FBI Deputy Director Andrew McCabeAndrew George McCabeIn three years of Trump’s presidency, who has branded whom? Trump knocks news of CNN hiring ex-FBI official McCabe Conservatives lash out at CNN for hiring Andrew McCabe MORE, according to a source close to his legal team.

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The move comes after the Department of Justice (DOJ) rejected McCabe’s appeal of a decision made by Jessie Liu, the U.S. attorney for Washington D.C. He had appealed in the hopes of avoiding criminal charges after an internal DOJ watchdog concluded that he “lacked candor” with federal investigators. 

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“The Department rejected your appeal of the United States Attorney’s Office’s decision in this matter. Any further inquiries should be directed to the United States Attorney’s Office,” reads an email sent from the DOJ to the legal team, according to the source.

Fox News first reported the charges recommendation.

McCabe was fired in March by then-Attorney General Jeff SessionsJefferson (Jeff) Beauregard SessionsSen. Doug Jones launches reelection bid in Alabama Advocates doubt Trump DEA will ease rules on marijuana research Nadler tees up post-recess showdown with Trump MORE, after DOJ Inspector General Michael Horowitz provided a recommendation to an internal FBI office that McCabe was not forthcoming during interviews with federal investigators and that he “lacked candor — including under oath — on multiple occasions.”

In particular, Sessions said at the time that the FBI’s Office of Professional Responsibility and Office of Inspector General had found McCabe made an unauthorized disclosure to the news media in 2016 by allowing FBI officials to speak with reporters about an investigation into the Clinton Foundation.

McCabe’s ouster last year came just days before the No. 2 official was scheduled to retire, stripping him of the pension he expected to receive after more than 20 years at the bureau.

Last month, McCabe sought to challenge the basis of his firing, alleging in a lawsuit against the FBI and DOJ that his termination from the bureau was a “politically motivated” move that stemmed from President TrumpDonald John TrumpMexico says it disagrees with ‘astonishing’ Supreme Court decision allowing Trump asylum rule The Afghan negotiations — echoes from the past Democrats grill Army, Air Force nominees on military funding for border wall MORE‘s attacks against him and other DOJ officials.

In the court documents, McCabe alleges Trump was behind his firing, claiming that he forced the hands of other officials at the DOJ including Sessions, Horowitz and Deputy Attorney General Rod RosensteinRod RosensteinTrump allies call on Cummings to schedule hearing over Comey report Five takeaways from Justice IG report on Comey James Comey wants an apology? This is myth becoming madness MORE to remove him. And as a result, McCabe says this caused harm to his “reputation, professional standing, and dramatically reduced his retirement benefits” after “two decades of unblemished and non-partisan public service.”

House Republicans and other White House allies have long alleged misconduct among the top brass of the FBI and urged disciplinary action against officials such as McCabe, former counterintelligence agent Peter Strzok and former FBI Director James ComeyJames Brien ComeyPoliticon announces lineup including Comey, Hannity, Priebus Graham calls on Barr to declassify files on DOJ watchdog’s Russia probe Trump ramps up Twitter offensive as Dorian approaches Florida MORE.

And GOP attacks against him were refueled last month after CNN announced that they had hired him as a commentator.

Republicans have recently argued that McCabe should be punished for lying to investigators, noting that other Trump officials such as George PapadopoulosGeorge Demetrios Papadopoulos10 declassified Russia collusion revelations that could rock Washington this fall Flynn, Papadopoulos to speak at event preparing ‘social media warriors’ for ‘digital civil war’ Judge dismisses DNC lawsuit against Trump campaign, Russia over election interference MORE and Michael Flynn were charged for lying to investigators on special counsel Robert MuellerRobert (Bob) Swan MuellerFox’s Cavuto roasts Trump over criticism of network Mueller report fades from political conversation Trump calls for probe of Obama book deal MORE’s team.

“I don’t know how you can’t indict him when he is engaged in the same conduct that other people have recently been charged for at the Department of Justice, particularly when your own watchdog says that those lies were done intentionally and knowingly and done repeatedly,” Rep. John RatcliffeJohn Lee RatcliffeHillicon Valley: Google to pay 0M to settle child privacy charges against YouTube | Tech giants huddle with intel officials on election security | Top IT official names China main cyber threat Lawmakers offer bill to shore up federal cybersecurity Trump’s roller coaster August: a timeline MORE (R-Texas), a House Judiciary Committee member, said during a Sunday interview on Fox News’s “Sunday Morning Futures.”

“I think the Department of Justice is going to have to indict Andy McCabe simply because to do otherwise would be to admit that there are separate standards for people doing the same thing for the same conduct,” he said.