Trey Gowdy: McCabe Won't Be Indicted for Lying, But What About 'Other Potential Misconduct'?

By Susan Jones | February 17, 2020 | 9:48am EST
Former FBI Deputy Director Andrew McCabe (Photo by Saul Loeb/AFP via Getty Images)
Former FBI Deputy Director Andrew McCabe (Photo by Saul Loeb/AFP via Getty Images)

( - "Andy McCabe is not being indicted for a very discrete fact pattern, which is simply the leaking of information to bolster his own credibility," former Rep. Trey Gowdy told Fox News's "Sunday Morning Futures."

"So he escapes indictment for that narrow fact pattern. But that has nothing to do with FISA and the initiation of Russia and any other potential misconduct that Andy McCabe may have engaged in. That's a really narrow, discrete fact pattern that he's not being indicted for."

According to Gowdy, "it could be that he's still under investigation for other fact patterns not related to that discrete one with the leak and the Clinton investigation."

The Justice Department sent McCabe's attorneys a letter on Feb. 14, saying that "after careful consideration, the Government has decided not to pursue criminal charges against your client, Andrew G. McCabe," arising from the referral made by the Justice Department Inspector General.

In February 2018, Justice Department Inspector General Michael Horowitz issued a report saying that McCabe "lacked candor" under oath on several occasions when he denied authorizing a leak about the FBI's Clinton Foundation investigation to The Wall Street Journal.

The DOJ IG also concluded that McCabe engaged in "misconduct" when he disclosed the existence of the FBI investigation into the Clinton Foundation "to advance his personal interests at the expense of Department leadership."

U.S. Attorney John Durham is now investigating the origins of the FBI's Trump-Russia investigation, at the request of Attorney General William Barr.

McCabe, the former deputy director and then acting director of the FBI, says he's the one who authorized both the obstruction of justice investigation as well as the counter-intelligence investigation into President Trump. That means McCabe is "certainly somebody that John Durham would want to talk to," Gowdy said.

Following Gowdy on "Sunday Morning Futures," Rep. Matt Gaetz (R-Fla.) said he agrees with Trey Gowdy:

The Department of Justice didn't issue a statement saying that they were done investigating Andrew McCabe.

This revelation came as a consequence of the D.C. U.S. attorney sending a letter to McCabe's lawyer saying that, on the very narrow fact pattern of McCabe's lies, his leaks, and his lies about his leaks, that that wouldn't result in a criminal prosecution.

What I think is far more insidious is the conversion of a counterintelligence investigation...into a criminal probe to try to delegitimize the president.

I obviously believe, based on the testimony from Peter Strzok and Lisa Page, that the insurance policy created in Andy's office was precisely that effort to try to give people an effort to delegitimize the president both before and after his election.

Gaetz said McCabe must be "central" to Durham's probe:

And remember the text messages between Strzok and Page, where they talked about the need to open up investigations during McCabe's tenure as the acting FBI director, because they didn't think they could get that maybe in the future, if someone else were brought in. So he seems central to that probe.

I believe he should have been prosecuted for the lying because of the double standard. You see Mike Flynn, George Papadopoulos, Roger Stone all charged with misstatements, and then McCabe not charged. It sort of makes people believe that an old FBI business card may be doubling as a get-out-of-jail-free card.

And that's what we want to see the attorney general refute.


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