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The Firing of FBI Deputy Director Andrew McCabe

The firing of former FBI deputy director Andrew McCabe was long overdue. McCabe was at the center of a partisan and disgraceful series of events that saw officials from the highest levels of the FBI and DOJ engage in partisan conduct to help facilitate the election of Hillary Clinton and when she lost, to help bring down the administration of President Trump.

Although McCabe — upon the recommendation of career prosecutors at the DOJ — was fired for a lack of candor in cooperating with Justice Department investigators looking into his unauthorized disclosure of information to a Wall Street Journal reporter.

The liberal blog Lawfare contends that there is insufficient information publicly available at this point to form an opinion as to whether McCabe’s termination was warranted. Perhaps, perhaps not. But what we do know, is that the DOJ and the FBI take a failure to tell the truth seriously. As Lawfare acknowledges,

“The FBI takes telling the truth extremely seriously: “lack of candor” from employees is a fireable offense—and people are fired for it. Moreover, it doesn’t take an outright lie to be dismissed. In one case, the bureau fired an agent after he initially gave an ambiguous statement to investigators as to how many times he had picked up his daughter from daycare in an FBI vehicle. The U.S. Court of Appeals for the Federal Circuit ruled against the agent when he appealed, finding that “lack of candor is established by showing that the FBI agent did not ‘respond fully and truthfully’ to the questions he was asked.”

Although Lawfare intimates that McCabe’s firing may have been politically motivated in light of Trump’s recent criticisms, the recommendation to terminate McCabe originated from the Director of the DOJ’s Inspector General’s office, an Obama appointee, who then referred the matter to the FBI’s Office of Professional Responsibility.

It is interesting to note that McCabe was fired for the same offense on which Robert Mueller obtained an indictment against Michael Flynn. The glaring double standard between the tenacity with which the special counsel is pursuing Trump and the total lack of a much needed investigation into the machinations by the upper echelons of the FBI and the DOJ during the Obama Administration.

The more interesting and potentially devastating findings that will be issued in the spring by the inspector general concern McCabe’s conduct while he was in charge of conducting the FBI’s investigation to Clinton’s emails. Paul Sperry, writing in the New York Post last June noted that,

”Senate investigators are demanding to see records of communications between Fusion GPS and the FBI and the Justice Department, including any contacts with former Attorney General Loretta Lynch, now under congressional investigation for possibly obstructing the Hillary Clinton email probe, and deputy FBI director Andrew McCabe, who is under investigation by the Senate and the Justice inspector general for failing to recuse himself despite financial and political connections to the Clinton campaign through his Democrat activist wife. Senate investigators have singled out McCabe as the FBI official who negotiated with Steele.”

It is inexplicable how McCabe could remain in that post when his wife received a $450,000 cash campaign donation for a state senate race from the political-action committee of long time Hillary pal Terry Mcauliffe. Did McCabe nor anyone else at the FBI or Obama Justice Department ever hear of the legal/ethical principle of conflict of interest? McCabe should have immediately recused himself the moment his wife accepted the donation. Even if everything else was above board in terms of the donation, McCabe should of still been removed for the appearance of impropriety the donation would have cast on his impartiality to conduct a thorough, diligent investigation. Indeed, a question arises as to why McCabe waited nearly a month before examining thousands of emails Huma Abedin sent to her sexual pervert husband Anthony Weiner.

Michael Goodwin of the New York Post argues correctly that the termination of McCabe is just the tip of the iceberg in what ultimately will be revealed to be malfeasance of the highest order the purpose of which was to overturn the results of an election. A thorough criminal investigation is warranted into probable corruption by senior level DOJ and FBI personnel who acted in concert, either directly or indirectly, with one political party to tip the election in Hillary Clinton’s favor.