Jason Chaffetz: FBI’s Andrew McCabe should be on trial, not a book tour

Andrew McCabe lied multiple times to federal investigators.

That was the official finding in February 2018 of a scathing 39-page report by the Department of Justice (DOJ) Office of the Inspector General.  They found McCabe, then Deputy Director of Federal Bureau of Investigations (FBI) "lacked candor" in answering questions about his authorization of disclosures in the Hillary Clinton email investigation. The referral for further action went to the DOJ.

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One year later he is publishing a book, being highlighted on CBS’ “60 Minutes,” and walking free after lying at least four times, three of them under oath, to federal authorities investigating his conduct.  Trading on the notoriety he gained from his partisan loyalty, he will now have the opportunity to monetize the duplicity that shielded Hillary Clinton from justice.

For a time, McCabe was the acting director of the FBI.  He of all people knew the rules, the law, and had a duty and responsiblity to tell the truth. 

In stark contrast, the subjects of Special Counsel Robert Mueller’s investigations have been shown no such favor.  Several are being prosecuted for lying to federal authorities.  Much to my surprise, Mueller actually managed to get the DOJ to prosecute someone for lying to Congress – former Trump attorney Michael Cohen.  That is a promising development.

People who lie to Congress should be prosecuted.  But not selectively. We seem to live in a world with two sets of rules – one for loyal Democrat partisans, and a strict one for everyone else, especially those who supported Donald Trump.

If ever there was a case that demands prosecution, McCabe's is that case.  For an FBI employee, integrity and credibility are the most important tools of the trade.  How can one testify credibly if they have been shown to "lack candor" – in FBI parlance – in other cases?

The Inspector General in its February 2018 report provided the DOJ with mounds of evidence, including audio recordings, detailing how McCabe lacked candor “in a manner designed to advance his personal interests at the expense of Department leadership.”

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For a time, McCabe was the acting director of the FBI.  He of all people knew the rules, the law, and had a duty and responsiblity to tell the truth.  And yet his own colleagues found he lied.  In fact, he accomplished something federal employees rarely accomplish - he was ultimately fired for his offenses.

Now he’s on a book tour. He should be under prosecution.

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