WASHINGTON--The U.S. Department of Justice internal watchdog has referred its findings on former FBI Deputy Director Andrew McCabe to the U.S. attorney in Washington for possible criminal prosecution, an attorney for McCabe said on Thursday.
The referral from the Inspector General's office does not automatically mean charges will be filed, and it would be up to the U.S. attorney's office to decide whether to prosecute McCabe.
The watchdog office issued a report last week alleging McCabe "lacked candor" when he was questioned about media leaks he authorized to the Wall Street Journal related to his role overseeing probes into former Secretary of State Hillary Clinton. The findings in the report were used as the basis for Attorney General Jeff Sessions to fire McCabe in March, less than two days before his 50th birthday when he could retire with full benefits.
McCabe has said he did not intentionally try to mislead investigators and that he believes he is facing retaliation because of his crucial role as a witness in Special Counsel Robert Mueller's investigation into whether President Donald Trump tried to obstruct the Russia probe. In a statement, McCabe's attorney, Michael Bromwich, said he was advised about the referral "within the past few weeks" and was confident it would not lead to any criminal charges.
"Although we believe the referral is unjustified, the standard for an IG referral is very low," he said. "We have already met with staff members from the U.S. Attorney’s Office. We are confident that, unless there is inappropriate pressure from high levels of the administration, the US Attorney’s Office will conclude that it should decline to prosecute.”
Spokesmen for the Justice Department, the Inspector General's office and the U.S. attorney's office in Washington declined to comment.
In an interview with National Public Radio on Tuesday, former FBI Director James Comey said he had no recollection that McCabe had said he authorized officials to communicate with a Wall Street Journal reporter, as McCabe said he had. "And I'm quite confident that it didn't happen, as is the inspector general," Comey said.
