I have received several emails from my readers pointing out that Trump’s Department of Justice under Attorney General William Barr has declined to pursue criminal charges against former FBI Acting Director Andrew McCabe for “less than truthful” answers to federal investigators about leaking confidential information to the media.
On its face, and considering the past media coverage, this looks like “justice denied” for a swamp rat who appears to be part of the cabal who attempted to interfere with the 2016 election and then oust President Trump in a silent palace coup d'état after the election. However, we know little other than from the letter sent by the DOJ to McCabe’s attorney declining to proceed further.
But, let us consider the decision matrix…
Could there have been accidental on intentional prosecutorial misconduct?
Some, myself included, may find it highly coincidental that the decision of the Department of Justice to seemingly abandon the further prosecution of Andrew McCabe came on the deadline day that the judge overseeing the case, Bush appointee Reggie Walton, ordered the release of DOJ documents under a Freedom of Information Act request and lawsuit brought by Citizens for Responsibility and Ethics in Washington.
It appears that the prosecutors were unsure how to proceed in the case, and the Judge was looking at potential political pressure, namely from President Trump’s continuing tweets about the McCabe matter and proclaiming him guilty before the trial.
Since the McCabe matter was handled by the U.S. attorney’s office in Washington, there is the remote possibility of the McCabe decision being “payback” for the pending brouhaha involving the sentencing memo and resignation of four prosecutors associated with the prosecution of Trump ally Roger Stone. Made more suspect considering new revelations about the possible misconduct of the jury’s foreperson, Tomeka Hart, and the actions of the Judge assigned to the case.
So what do we really know?
Nothing – and neither does the media. If the decision were based on the recommendation of FBI Director Christopher Wray, who appears to be feckless and ineffective, I would most certainly question the decision. However, if Attorney General William Barr reviewed the decision, I would have second thoughts before coming to any conclusion.
There is also the matter of McCabe’s firing and pension – and whether or not this action gives him the ability to bring a case for wrongful termination and an opportunity to regain his lost pension.
It also appears that Attorney General Barr has appointed several outside prosecutors to review critical prosecutorial decisions and behavior regarding some high-profile matters.
More and more are we seeing prosecutorial misconduct perpetrated by those associated with the Obama Administration, and particularly, with the Clintons. A tangled web that may never be fully sorted out or those miscreants brought to justice for their actions dealing with foreign governments, notably China, Russia, and Ukraine, or involving soliciting or extorting bribes involving the Clinton Foundation.
I believe that a confluence of events (#5 No successful prosecution likely.) made it easier for the government to dismiss the case than proceed. However, this does not inoculate McCabe from being prosecuted on these or other charges in the future.
It is a bitch when you cannot trust your government and find that everything appears to be a political calculation that sees top officials escaping responsibility for their egregious and often criminal acts. At the same time, other lesser citizens – especially those associated with the opposition party – are nailed to the wall as an example of what can happen if you are out of favor with the powers that be.
We are so screwed.