Andrew McCabe’s lawyers wrote to federal prosecutors Thursday urging them not to keep pursuing charges citing media reports that speculate he would not be indicted.
If a grand jury does not indict, prosecutors may ask to convene another grand jury. But it is also a long-standing Justice Department rule that no U.S. attorney should move forward with a case unless prosecutors have a reasonable chance of getting a conviction."We believe that given the length of this investigation, and the resources devoted to it, this is not a case where authorizing resubmission of the case to a grand jury is consistent with this standard.
The report led to McCabe's firing without a pension in March 2018 by then-Attorney General Jeff Sessions. The investigation's critics and McCabe supporters have said he has been treated unfairly by those who wish to retaliate against him for his role in the the Justice Department's investigation into possible collusion between the Trump campaign and Russia.
McCabe sued the FBI and the Justice Department in August, claiming that his firing from the FBI was part of the Trump's"unconstitutional plan and scheme to discredit and remove DOJ and FBI employees who were deemed to be his partisan opponents because they were not politically loyal to him."Julia Ainsley is a correspondent covering the Department of Homeland Security and the Department of Justice for the NBC News Investigative Unit.
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