Andrew McCabe, the Former Deputy Director of the FBI has been the Target of no fewer than 49 Trump Tweets, as well as the subject of many Helicopter-side Rants.
On September 30th, 2019, Federal Judge Reggie B. Walton told Federal Prosecutors that they needed to either File Charges against McCabe or Drop the Investigation, saying "This is just dragging too long." The Problem is that the Investigation has since July 2018 been holding up the Release of Documents subject to a Freedom of Information Act Request.
The Judge gave Prosecutors a November 15th Deadline to make a Decision, saying he would Order the Release of the Documents after that date. In a November 14th hearing, Walton Excoriated Prosecutors, suggesting they were Stalling a Decision whether to Charge McCabe by using a "smoke screen" to Deceive the Judge.
But a Letter from McCabe’s Attorneys to the U.S. Attorney’s Office in Washington, D.C. suggests that their attempt at using the Legal System to Persecute a Perceived Political Opponent ran into a hugely Embarrassing Obstacle, when the DOJ took the Case in front of a Grand Jury, it could Not Secure an Indictment.
Getting a Grand Jury to provide an Indictment is famously easy. As in, “would indict a ham sandwich” easy.
The Letter says that a Grand Jury returned “No True Bill” when Confronted with the Evidence against McCabe, that’s Not just an Unusual Result, that’s a Crushing Embarrassment for Barr’s Justice Department and its First Attempt at turning “Lock (insert name here) up” from a Rally Chant to Reality.
Back in May, The Washington Post looked at the Case that Trump’s Team was mounting against McCabe. The Charge was that McCabe Lied to Investigators to Mislead them about the Release of Information related to the Probe into Hillary Clinton’s Emails.
McCabe has Repeatedly insisted that he didn’t Mislead anyone, but the Inspector General, the same IG who recently Issued a Report shaking a finger at James Comey, concluded that McCabe had Broken Department Rules sufficiently to Justify his Expulsion from the FBI just hours ahead of the time where he could have Retired with a Pension.
At that time, McCabe’s Attorney made a particularly telling Statement about any attempt to Indict McCabe: “[We are] confident that, unless there is inappropriate pressure from high levels of the Administration, the U.S. Attorney’s Office would conclude that it should decline to prosecute.”
Apparently it did Not Decline. And there’s every reason to think the U.S. Attorney’s Office moved entirely based on a Pile of “inappropriate pressure” applied by Barr, or Trump, or both. And now it seems like they’ve Collected a Legal Rebuke.
Trump has referred to McCabe as a “dirty cop,” a “disgrace,” and “a major sleazebag.” But it certainly looks as if Trump is Not going to be able to add “indicted” to that list.
It also appears that the DOJ may be caught by the same Rule Book that kept Robert Mueller from Indicting Trump.
The Letter sent by McCabe’s Attorneys reads, “We believe that if the grand jury has indeed voted a no true bill, the Justice Manual compels you to not resubmit the case to the same or a different grand jury.”
NYC Wins When Everyone Can Vote! Michael H. Drucker
