Federal prosecutors have been using a grand jury over the last several months to investigate former FBI Deputy Director Andrew McCabe, reports the Washington Post, citing two people familiar with the matter.
What's more, the grand jury has summoned at least two witnesses, and the case is ongoing according to WaPo's sources.
The presence of the grand jury shows prosecutors are treating the matter seriously, locking in the accounts of witnesses who might later have to testify at a trial. But such panels are sometimes used only as investigative tools, and it remains unclear if McCabe will ultimately be charged. -Washington Post
McCabe was fired on March 16 after Justice Department Inspector General Michael Horowitz issued a criminal referral following a months-long probe, which found that McCabe lied four times, including twice under oath, about authorizing a self-serving leak to the press. Horowitz found that McCabe "had made an unauthorized disclosure to the news media and lacked candor - including under oath - on multiple occasions."
Specifically, McCabe was fired for lying about authorizing an F.B.I. spokesman and attorney to tell Devlin Barrett of the Wall St. Journal - just days before the 2016 election, that the FBI had not put the brakes on a separate investigation into the Clinton Foundation, at a time in which McCabe was coming under fire for his wife taking a $467,500 campaign contribution from Clinton
proxy pal, Terry McAuliffe.
In order to deal with his legal woes, McCabe set up a GoFundMe "legal defense fund" which stopped accepting donations, after support for the fired bureaucrat took in over half a million dollars - roughly $100,000 more than his wife's campaign took from McAuliffe as McCabe's office was investigating Clinton and her infamous charities.
In May, federal investigators from the D.C. U.S. Attorney's office interviewed former FBI director James Comey as part of an ongoing probe into whether McCabe broke the law when he lied to federal agents, reports the Washington Post.
Investigators from the D.C. U.S. Attorney’s Office recently interviewed former FBI director James B. Comey as part of a probe into whether his deputy, Andrew McCabe, broke the law by lying to federal agents — an indication the office is seriously considering whether McCabe should be charged with a crime, a person familiar with the matter said. -Washington Post
Of particular interest is that Comey and McCabe have given conflicting reports over the events leading up to McCabe's firing, with Comey calling his former deputy a liar in an April appearance on The View, where he claimed to have actually "ordered the [IG] report" which found McCabe guilty.
Comey was asked by host Megan McCain how he thought the public was supposed to have "confidence" in the FBI amid revelations that McCabe lied about the leak.
“It’s not okay. The McCabe case illustrates what an organization committed to the truth looks like,” Comey said. “I ordered that investigation.”
Comey then appeared to try and frame McCabe as a "good person" despite all the lying.
“Good people lie. I think I’m a good person, where I have lied,” Comey said. “I still believe Andrew McCabe is a good person but the inspector general found he lied,” noting that there are "severe consequences" within the DOJ for doing so.