McCabe Sues FBI, DOJ And Inspector General Horowitz

Andrew McCabe has filed a lawsuit against the Justice Department, the FBI and DOJ Inspector General Michael Horowitz Tuesday alleging the Trump administration violated procedures when it fired him in March, and that the Justice Department has denied access to documents which outline those procedures. 

“We don’t create or adjudicate under secret law or procedure,” David Snyder, a lawyer representing McCabe, told The Associated Press.

McCabe's attorneys argue that the DOJ is refusing to hand over their policies and procedures documents out of fears that it will lead to further litigation. 

McCabe was fired in March by Attorney General Jeff Sessions after DOJ Inspector General Michael Horowitz issued a criminal referral. His ouster followed a months-long internal investigation which concluded that the former acting FBI Director leaked a self-serving story to the press and then lied about it four times, including twice while under oath. 

Horowitz said 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 short, McCabe was found to have leaked information to the WSJ in order to combat rumors that Clinton had indirectly bribed him to back off the Clinton Foundation investigation, and then lied about it four times. 

According to McCabe's new lawsuit, his firing followed "proceedings that violated federal law and departed from applicable administrative rules, standards, policies and procedures" and that "It is incongruous with Defendants' public, and repeated, representations to the effect that Mr. McCabe was dismissed from the FBI following an 'extensive and fair investigation' which was carried out 'according to Department of Justice procedure."

McCabe's attorneys say they want "immediate" access to the internal documents, including an Inspector General manual which outlines the guidelines governing FBI policy on how disciplinary matters are to be handled. 

The lawyers say they "seek to vindicate Mr. McCabe's rights and restore his good name," and were weighing further legal action. 

Comments

nmewn jcaz Wed, 06/13/2018 - 18:28 Permalink

Yep, Horowitz's report tomorrow is going to be damning for McCabe, from his wife taking 40% of her total campaign donations from Hillary cronies, errr, groups to McCabe not recusing himself from Hillary's email investigation to him repeatedly lying to investigators.

He's fucking toast...lol.

In reply to by jcaz

nmewn Tarzan Wed, 06/13/2018 - 18:46 Permalink

Discovery could be cool, can you imagine (well, all things being equal...lol) Sessions ordering all internal docs relating to the FBI/DoJ cover up of the Hillary email investigation on McCabes watch (he was second in command under Comey) dumped into McCabes lap...and of course then..."on the record"? ;-)

In reply to by Tarzan

BidnessMan JRobby Wed, 06/13/2018 - 19:57 Permalink

Should burn through his Go Fund Me legal defense fund in less than 3 months.  Then what?  The problem with a lawsuit is once you start it you can't unilaterally stop it.  The Feds have unlimited funding for lawyers - McCabe does not. 

Sweet Irony and Payback - for once he will be on the receiving end of a Federal Govt with unlimited legal resources to grind a private citizen into the ground.  

In reply to by JRobby

DeadFred JRobby Wed, 06/13/2018 - 21:20 Permalink

The problem for these guys is discovery. How much dirty laundry does McCabe have? And then he starts a process where it can all come into the public record? Maybe this is part of a plea deal. "Pretend you really want to sue us and so we get to DUMP all this data into the public record". They know everything the sleaze has done but they can't just release it.

In reply to by JRobby

MoreFreedom macholatte Wed, 06/13/2018 - 18:50 Permalink

Now we know what he's using his gofundme before I'm indicted (because I know I broke the law and will be indicted) money for.  It's funny him being so high up in the FBI, and he doesn't have a copy of their policies.  That is an admission he's a lousy manager.   If there's anything to McCabe's allegation that "the Trump administration violated procedures when it fired him" it shows we need to make it easier to fire government employees when those employees are indicted for abusing their position and breaking the law. 

In reply to by macholatte

RedBaron616 MoreFreedom Wed, 06/13/2018 - 19:21 Permalink

I am quite sure McCabe was in the Senior Executive Service (SES). What that means is that he is outside the usual GS (General Schedule) pay scales. But it also means that he does not have to protections that the little guys do. SESs actually serve at will and can be fired at any time for any reason. So good luck with that part of your lawsuit, McCabe. You will simply show yourself to be an idiot.

In reply to by MoreFreedom

brianshell RedBaron616 Wed, 06/13/2018 - 20:12 Permalink

It is reported that Obama brought in 9,000 of the 10,000 SES, that they have their own allegiance and flag and can't be fired by the president.

But the president can reduce their pay to one dollar a year.

The sad part, as with many other bureaucrats is their amazing retirement packages. I haven't heard if the president can reduce that.

Look for many SES retirements and soon.

In reply to by RedBaron616

LaugherNYC El Oregonian Wed, 06/13/2018 - 18:26 Permalink

He tried to get immunity.

No dice.

He tried to get  break.

No dice.

IG report coming out tomorrow probably loads on more criminal charges.

Go to jail, BAD COP. Broke your oath. DIRTY COP. Took Clinton money. BAD COP.

I won a very satisfying bet on your ass, McCabe. I bet my former USAtty friend you would be fired back in September last year, and I won! Now I have a bet you will be a convicted felon by year end. A former acting Director of the FBI.

That makes you the biggest BAD COP in history.

Nice job.

In reply to by El Oregonian

vato poco HockeyFool Wed, 06/13/2018 - 17:53 Permalink

every single person fool enough to go up against our beloved God-Emperor ends up much MUCH worse off. mccabe, jackoff fool that he is, will be no different. 

IANAL, but yo, andy - 1 word, homes: discovery

this will not end well for bureaucrat man

In reply to by HockeyFool