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Newly declassified court documents reveal FBI FISA violations in targeting Americans

Westlake Legal Group 694940094001_5811238565001_5811231102001-vs Newly declassified court documents reveal FBI FISA violations in targeting Americans Ronn Blitzer fox-news/tech/topics/fbi fox news fnc/politics fnc article 15f0114f-6b3f-57f9-a8c7-3f61dd4a63fc

Newly declassified court documents indicate that the FBI failed to comply with the Foreign Intelligence Surveillance Act (FISA) in targeting Americans while searching through NSA records.

An October 2018 ruling from the Foreign Intelligence Surveillance Court (FISC) found that the FBI violated Section 702 by not keeping track of searches that pertained to “United States persons,” and that proposed changes were still not enough to comply with the law. That ruling was later affirmed on appeal in July 2019. The documents were declassified and released Tuesday.

FISA Section 702, which deals with targeting people outside the U.S. for gathering foreign intelligence information, places restrictions on gathering information when it comes to Americans or people located in the U.S.

LINDSEY GRAHAM WARNS FISA ABUSE WILL HAPPEN AGAIN ‘IF SOMEBODY’S NOT PUNISHED HERE’

“Because the FBI’s proposed procedures do not require it to keep records that ‘indicate whether terms are United States person query terms,’ the FISC held that these procedures do not comply with Section 702(f)(l)(B),” said the decision from the Foreign Intelligence Surveillance Court of Review (FISC-R), which heard the appeal.

The queries examined took place between 2017 and 2018, under current FBI director Chris Wray and during President Trump’s administration. The FBI did not immediately return a request for comment.

The FBI has argued that because they kept general records of the search terms used that was enough to satisfy Section 702’s requirement of keeping search records, but the court found that because they did not specify which queries were related to a “United States person,” it did not satisfy the law’s requirement.

For context, the FISC ruling noted that in 2017, the FBI ran “approximately 3.1 million queries against raw FISA-acquired information, including section 702-acquired information.” While the FBI’s failure to specify which ones pertained to U.S. persons, making it difficult to determine how many searches were affected by their insufficient practices, Judge James Boasberg noted that “given the FBI’s domestic focus it seems likely that a significant percentage of its queries involve U.S.-person query terms.”

Boasberg’s ruling also ordered the government to keep written records of each instance where the FBI reviews information “concerning a United States person” obtained through Section 702, where the query was “not designed to find and extract foreign-intelligence information.” These records shall include details of the information, how it is meant to be used, and the search terms used to get the information.

After the July 2019 FISC-R decision, the FBI submitted new proposed procedures that the court deemed acceptable in a September ruling.

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The newly released decisions came after FISC Judge Rosemary Collyer’s 2017 ruling, which found that officials under the Obama administration used FISA to conduct illegal surveillance of American citizens for years.

A soon-to-be-released report from the Justice Department Inspector General will explore whether the FBI conducted a different sort of FISA abuse in connection with former Trump campaign adviser Carter Page.

During the early stages of the investigation of Russian interference with the 2016 election, the FBI obtained a warrant to monitor Page, which Republicans claim was based on a misrepresentation of evidence in the form of an unverified dossier compiled by former British spy Christopher Steele as opposition research for Democrats and the Clinton campaign.

Westlake Legal Group 694940094001_5811238565001_5811231102001-vs Newly declassified court documents reveal FBI FISA violations in targeting Americans Ronn Blitzer fox-news/tech/topics/fbi fox news fnc/politics fnc article 15f0114f-6b3f-57f9-a8c7-3f61dd4a63fc   Westlake Legal Group 694940094001_5811238565001_5811231102001-vs Newly declassified court documents reveal FBI FISA violations in targeting Americans Ronn Blitzer fox-news/tech/topics/fbi fox news fnc/politics fnc article 15f0114f-6b3f-57f9-a8c7-3f61dd4a63fc

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New James Comey TV series is Hollywood’s way of ‘memorializing’ ex-FBI chief as political hero, Jesse Watters says

Westlake Legal Group comey-daniels-watters New James Comey TV series is Hollywood's way of 'memorializing' ex-FBI chief as political hero, Jesse Watters says fox-news/tech/topics/fbi fox-news/shows/the-five fox-news/person/james-comey fox-news/person/donald-trump fox-news/news-events/russia-investigation fox-news/media/fox-news-flash fox-news/media fox-news/entertainment/tv fox news fnc/media fnc Charles Creitz bfb2455a-9d1d-5c46-bcb7-e4156b8db77b article

A new CBS television miniseries starring Jeff Daniels as ex-FBI Director James Comey is Hollywood’s way of immortalizing an anti-Trump hero, according to Jesse Watters.

The series — which will also feature “Harry Potter” actor Brendan Gleeson as President Trump — could easily be a flop, Watters said Tuesday on “The Five.”

“Hollywood has to white-knight this guy — they have to memorialize him as the hero in order to lock into the American psyche that this guy was the right man to take out a dastardly president,” he said.

“That’s not going to rate,” he added. “The real stuff that rates — we’re watching it right now unfold in reality — that’s the good stuff.”

JAMES COMEY CHANGES MIND, SAYS CONGRESS MAY HAVE ‘CONSTITUTIONAL DUTY’ TO IMPEACH TRUMP

The program, which will be a screen adaptation of Comey’s memoir “A Higher Loyalty” has no set release date, but will begin production later this year.

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On “The Five,” Watters joked it was fitting Daniels was cast as Comey.

“It is appropriate that the guy that played “Dumb & Dumber” is going to play James Comey,” he said, as Daniels starred as Harry Dunne alongside Jim Carrey’s Lloyd Christmas in the 1994 comedy.

Watters also predicted once Connecticut federal prosecutor John Durham’s probe into the origins of the Russia investigation is complete, the Comey series’ producers may have to rewrite their script.

Co-host Jedediah Bila called Comey an “insufferable figure” whom both sides of the aisle are likely tired of, while Greg Gutfeld joked he should be better remembered for prosecuting entrepreneur Martha Stewart.

In addition to the Irish actor Gleeson playing Trump, “House of Cards” star Michael Kelly will play Andrew McCabe, and actress Jennifer Ehle will play Comey’s wife Patrice.

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Late last month, Comey suggested that impeaching Trump would be the wrong decision and Democrats might stoke conspiracy theories by pursuing it.

“I think the American people would be let off the hook if Donald Trump were impeached and removed from office and a lot of his supporters would think some sort of coup had taken place,” he said.

Fox News’ Samuel Dorman contributed to this report.

Westlake Legal Group comey-daniels-watters New James Comey TV series is Hollywood's way of 'memorializing' ex-FBI chief as political hero, Jesse Watters says fox-news/tech/topics/fbi fox-news/shows/the-five fox-news/person/james-comey fox-news/person/donald-trump fox-news/news-events/russia-investigation fox-news/media/fox-news-flash fox-news/media fox-news/entertainment/tv fox news fnc/media fnc Charles Creitz bfb2455a-9d1d-5c46-bcb7-e4156b8db77b article   Westlake Legal Group comey-daniels-watters New James Comey TV series is Hollywood's way of 'memorializing' ex-FBI chief as political hero, Jesse Watters says fox-news/tech/topics/fbi fox-news/shows/the-five fox-news/person/james-comey fox-news/person/donald-trump fox-news/news-events/russia-investigation fox-news/media/fox-news-flash fox-news/media fox-news/entertainment/tv fox news fnc/media fnc Charles Creitz bfb2455a-9d1d-5c46-bcb7-e4156b8db77b article

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Saudi man sentenced to 12 years for hiding attendance at Al Qaeda training camp

Westlake Legal Group iStock-gavel Saudi man sentenced to 12 years for hiding attendance at Al Qaeda training camp Louis Casiano fox-news/us/terror fox-news/us/crime fox-news/tech/topics/fbi fox news fnc/us fnc article 68fafa0d-7b16-54f4-a9d6-f73d8e3a17ac

A former Oklahoma resident was sentenced to more than 12 years in prison for visa fraud and concealment of his attendance at an Al Qaeda training camp, authorities said Thursday.

Naif Abdulaziz M. Alfallaj, 35, a Saudi Arabian citizen, was arrested on February 2018 based on a criminal complaint in Oklahoma alleging he’d lied to the FBI and attended terror training sites in Afghanistan.

“The U.S. government identified the defendant after finding his fingerprints on an application to join Al Qaeda that the U.S. military had gathered from the battlefields of Afghanistan,” Assistant Attorney General John Demers of the National Security Division said in a Justice Department statement.

TALIBAN VIOLENCE IN AFGHANISTAN RAMPS UP AS SUICIDE BOMBER KILLS AT LEAST 20

Alfallaj pleaded guilty to possessing a visa obtained by fraud from March 2012 to 2018 and making false statements to the FBI.

Federal prosecutors said he came to the U.S. in 2011 on a nonimmigrant visa based on his wife’s foreign student status. He allegedly lied on his visa application about whether he supports terrorists or terror groups.

The FBI said it found 15 of Alfallaj’s fingerprints on an application to an Al Qaeda training site in Afghanistan leading up to the 9/11 attacks. American forces found the document in an Afghan safe house. It included an emergency phone number associated with Alfallaj’s father in Saudi Arabia.

“We were able to match those fingerprints with fingerprints taken for his U.S. visa application and to determine that he had made false statements in that application in order to conceal his attendance at an Al Qaeda training camp in 2000,” Demers said.

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“He also admitted he falsely told federal agents during the December 2017 interview that he had never visited Afghanistan or participated in religious, tactical, or military training outside Saudi Arabia, and otherwise affirmed falsely that all of the answers on his nonimmigrant visa application were true and correct,” the news release states.

In 2013, Alfallaj inquired in an online forum about fighting in Afghanistan or Chechnya, prosecutors said.

He will be deported once he completes his prison sentence.

Westlake Legal Group iStock-gavel Saudi man sentenced to 12 years for hiding attendance at Al Qaeda training camp Louis Casiano fox-news/us/terror fox-news/us/crime fox-news/tech/topics/fbi fox news fnc/us fnc article 68fafa0d-7b16-54f4-a9d6-f73d8e3a17ac   Westlake Legal Group iStock-gavel Saudi man sentenced to 12 years for hiding attendance at Al Qaeda training camp Louis Casiano fox-news/us/terror fox-news/us/crime fox-news/tech/topics/fbi fox news fnc/us fnc article 68fafa0d-7b16-54f4-a9d6-f73d8e3a17ac

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McCabe memo indicates Rosenstein was serious about wearing White House wire

A newly released two-page memo written by then-Acting FBI Director Andrew McCabe outlined how former Deputy Attorney General Rod Rosenstein proposed wearing a wire in the White House “to collect additional evidence on the president’s true intentions,” and thought the scheme was plausible because “he was not searched when he entered the White House.”

The contemporaneous memo, which the Justice Department released after a transparency lawsuit by Judicial Watch, provided the strongest documentary evidence to date to undercut previous claims by DOJ officials that Rosenstein was joking when he apparently made the suggestion.

McCabe said in the partially redacted memo – written May 16, 2017, on the eve of Special Counsel Robert Mueller’s appointment — that Rosenstein offered to wear a recording device to gather evidence on the firing of former FBI Director James Comey and related matters. McCabe noted that he took Rosenstein’s suggestion seriously enough that “I told him that I would discuss the opportunity with my investigative team and get back to him.”

The DOJ and White House have separately rejected McCabe’s claims outright and called his credibility into question.

“As our conversation continued, the DAG proposed that he could potentially wear a recording device into the Oval Office to collect additional evidence on the president’s true intentions,” McCabe wrote in the memo. “He said he thought this might be possible because he was not searched when he entered the White House.”

Also in the memo, McCabe — he’d just taken over as acting head of the FBI — said he began the lunch-hour meeting by informing Rosenstein that he had opened an investigation into the president concerning possible collusion and obstruction.

“I began by telling him that today I approved the opening of an investigation of President Donald Trump,” McCabe wrote. “I explained that the purpose of the investigation was to investigate allegations of possible collusion between the president and the Russian government, possible obstruction of justice related to the firing of FBI Director James Corney, and possible conspiracy to obstruct justice.”

When Rosenstein pushed for specifics, McCabe cited a disputed NBC News interview in which Trump emphasized that he was not firing Comey to obstruct any investigation, but also acknowledged that Comey’s handling of the Russia probe was on his mind at the time.

Westlake Legal Group AP19050119159220 McCabe memo indicates Rosenstein was serious about wearing White House wire Gregg Re fox-news/tech/topics/fbi fox news fnc/politics fnc article 509f6cc7-272c-5d5f-83c4-53553b7d501e

Deputy Attorney General Rod Rosenstein at a function in Arlington, Va., in January. (AP Photo/Andrew Harnik, File)

“Regarding the obstruction issues, I made clear that our predication was based not only on the president’s comments last week to reporter Lester Holt (that he conne¢ted the firing of the director to the FBl’s Russia investigation), but also on the several concerning comments the president made to Director Corney over the last few months,” McCabe wrote.

In his interview with Holt, Trump stated, “And in fact, when I decided to just do it [fire Comey], I said to myself — I said, you know, this Russia thing with Trump and Russia is a made-up story. It’s an excuse by the Democrats for having lost an election that they should’ve won.”

However, conservative commentators argued that Trump’s comments to Holt were, in context, seemingly exculpatory. For example, Trump also told Holt that he was aware that firing Comey might “even lengthen out the investigation, but I have to do the right thing for the American people. He’s the wrong man for that position.”

MCCABE DEMANDS DOJ STOP CRIMINALLY INVESTIGATING HIM FOR LEAKS

Trump additionally explicitly rejected Holt’s suggestion that he was trying to send a message to future FBI directors that they should back off: “No, I’m not doing that. I think we have to get back to work. But I want to find out, I want to get to the bottom – if Russia hacked, if Russia did anything having to do with our election, I want to know about it.”

McCabe did not mention either of those Trump statements in his memo.

In the main, McCabe’s writings in the memo square with what he has said publicly about Holt’s interview with Trump, as well as Rosenstein’s actions. McCabe, speaking to CBS News’ “60 Minutes” earlier this year, mentioned that Rosenstein was not joking when he floated the idea of wearing a wire to gather evidence, and had suggested Trump could be removed under the 25th Amendment.

The memo’s release comes as U.S. Attorney Jessie Liu earlier this month recommended moving forward with charges against McCabe. McCabe appealed the decision all the way up to Deputy Attorney General Jeffrey Rosen, who ultimately rejected that request.

Westlake Legal Group AP19220724546603 McCabe memo indicates Rosenstein was serious about wearing White House wire Gregg Re fox-news/tech/topics/fbi fox news fnc/politics fnc article 509f6cc7-272c-5d5f-83c4-53553b7d501e

In May 2017, then-Acting FBI Director Andrew McCabe told Rod Rosenstein that he had opened a probe into the president — based in part on a disputed Lester Holt interview. (AP Photo/Alex Brandon, File)

The potential charges relate to DOJ inspector general findings against him regarding misleading statements concerning a Hillary Clinton-related investigation.

A source close to McCabe’s legal team said they received an email from the Justice Department last week which said, “The department rejected your appeal of the United States Attorney’s Office’s decision in this matter. Any further inquiries should be directed to the United States Attorney’s Office.”

McCabe’s lawyers last week pushed for the criminal probe to end, calling it “fatally flawed.”

McCabe served at the FBI for 21 years. He became the acting director in May 2017 after Trump fired Comey.

Former Attorney General Jeff Sessions fired McCabe in March 2018 after the inspector general found he had repeatedly misstated his involvement in a leak to The Wall Street Journal regarding an FBI investigation into the Clinton Foundation.

The IG report faulted McCabe for leaking information to then-Wall Street Journal reporter Devlin Barrett for an Oct. 30, 2016, story titled “FBI in Internal Feud Over Hillary Clinton Probe.” The story — written just days before the presidential election – focused on the FBI announcing the reopening of the Clinton investigation after finding thousands of her emails on a laptop belonging to former Democratic Rep. Anthony Weiner, who was married to Clinton aide Huma Abedin.

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The Journal’s account of the call said a senior Justice Department official expressed displeasure to McCabe that FBI agents were still looking into the Clinton Foundation, and that McCabe had defended the agent’s authority to pursue the issue.

That leak confirmed the existence of the probe, the report said, which Comey had up to that point refused to do.

The report said that McCabe “lacked candor” in a conversation with Comey when he said he had not authorized the disclosure and didn’t know who had done so. The IG also found that he lacked candor when questioned by FBI agents on multiple occasions since that conversation.

Fox News’ Catherine Herridge and Brooke Singman contributed to this report.

Westlake Legal Group 694940094001_6030270934001_6030263153001-vs McCabe memo indicates Rosenstein was serious about wearing White House wire Gregg Re fox-news/tech/topics/fbi fox news fnc/politics fnc article 509f6cc7-272c-5d5f-83c4-53553b7d501e   Westlake Legal Group 694940094001_6030270934001_6030263153001-vs McCabe memo indicates Rosenstein was serious about wearing White House wire Gregg Re fox-news/tech/topics/fbi fox news fnc/politics fnc article 509f6cc7-272c-5d5f-83c4-53553b7d501e

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Sean Hannity: DOJ watchdog Horowitz ‘just getting started’ on probe of ‘Jim Comey, Super Patriot’

Westlake Legal Group 694940094001_6087571965001_6087578070001-vs Sean Hannity: DOJ watchdog Horowitz 'just getting started' on probe of 'Jim Comey, Super Patriot' Victor Garcia fox-news/tech/topics/fbi fox-news/shows/hannity fox-news/person/james-comey fox-news/news-events/russia-investigation fox-news/media/fox-news-flash fox-news/media fox news fnc/media fnc article 14b4437f-46d2-5c14-812c-4e9596600599

Justice Department Inspector General Michael Horowitz is “just getting started” in his probe of the origins of the Russia investigation, so former FBI Director James Comey is a long way from being in the clear, Sean Hannity said Wednesday.

Horowitz was on Capitol Hill on Wednesday, telling lawmakers his investigators will “assess” new Republican allegations of “inconsistencies” in Comey’s congressional testimony, the Fox News host reported on “Hannity.”

“Today Horowitz doubled down on this damning accusation [and] explained that the office of the inspector general was concerned that Comey’s actions will set a troubling precedent,” Hannity said. “And as I have said before, this is just the beginning for Jim Comey, Super Patriot.”

DOJ WATCHDOG SUBMITS DRAFT REPORT ON ALLEGED FISA ABUSES TO BARR

Hannity also made a point of urging current FBI Director Christopher Wray to clean up his department.

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“Now Director Wray seems to be hesitant, he really does, in wanting to fix what is the greatest … the premier law enforcement agency in the entire world,” Hannity said.  “I hope director Wray changes course and commits himself to implementing the changes so that 99.9 percent of law-abiding FBI agents that keep us safe every day, that we can have confidence in all of them.”

“The changes here he needs to look at,” Hannity said, regarding Wray, “are so we prevent the massive abuse of power so it’ll never happen again.”

Fox News’ Alex Pappas contributed to this report.

Westlake Legal Group 694940094001_6087571965001_6087578070001-vs Sean Hannity: DOJ watchdog Horowitz 'just getting started' on probe of 'Jim Comey, Super Patriot' Victor Garcia fox-news/tech/topics/fbi fox-news/shows/hannity fox-news/person/james-comey fox-news/news-events/russia-investigation fox-news/media/fox-news-flash fox-news/media fox news fnc/media fnc article 14b4437f-46d2-5c14-812c-4e9596600599   Westlake Legal Group 694940094001_6087571965001_6087578070001-vs Sean Hannity: DOJ watchdog Horowitz 'just getting started' on probe of 'Jim Comey, Super Patriot' Victor Garcia fox-news/tech/topics/fbi fox-news/shows/hannity fox-news/person/james-comey fox-news/news-events/russia-investigation fox-news/media/fox-news-flash fox-news/media fox news fnc/media fnc article 14b4437f-46d2-5c14-812c-4e9596600599

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Andrew McCarthy: Why it’s unlikely the McCabe grand jury voted against indictment

Westlake Legal Group 694940094001_6086043814001_6086038286001-vs Andrew McCarthy: Why it's unlikely the McCabe grand jury voted against indictment National Review fox-news/tech/topics/fbi fox-news/politics/justice-department fox-news/opinion fox-news/news-events/russia-investigation fnc/opinion fnc article Andrew McCarthy 9f36233d-2f10-5350-8876-07a8d378cdf0

In coverage of the Andrew McCabe investigation, there seems to be a lot of adding two plus two and coming up with five.

The New York Times and Washington Post have reported that a grand jury met on Thursday in connection with a probe involving McCabe, the FBI’s former deputy director. As I write this column on Friday evening, no indictment has been returned against McCabe. From this, and what seems to be some hopeful speculation about “hints of the case’s weakness” that could possibly have caused grand jurors to “balk,” the Times and the Post suggest that maybe the grand jury has voted against an indictment.

US ATTORNEY RECOMMENDS PROCEEDING WITH CHARGES AGAINST MCCABE, AS DOJ REJECTS LAST-DITCH APPEAL

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This supposition has prompted a letter to the Justice Department from McCabe’s attorney, Michael Bromwich — a former colleague of mine who, besides being a skilled and shrewd attorney, is a Democrat and was last seen representing Christine Blasey Ford, Justice Brett Kavanaugh’s accuser. Bromwich says he is hearing “rumors from reporters” about the filing of a “no true bill” — i.e., a grand-jury vote rejecting a proposed indictment of McCabe.

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While conceding that he “do[es] not know the specific basis for the rumors,” Bromwich intuits that they must be reliable because the newspapers ran with the story. Mind you, neither the Times nor the Post claims to have been told by any grand jurors that they declined to indict McCabe; nor do they report hearing from any knowledgeable government official that a no true bill was voted. Nevertheless, McCabe’s legal team is demanding that the Justice Department disclose whether an indictment was declined and refrain from seeking an indictment in the future.

This gambit, of course, floats the narrative that the case against McCabe must be crumbling — the media reports spur the Bromwich letter, which spur more media reports, rinse and repeat. But even allowing for the erosion of standards, this is thin gruel for both news reporting and legal claims.

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Westlake Legal Group 694940094001_6086043814001_6086038286001-vs Andrew McCarthy: Why it's unlikely the McCabe grand jury voted against indictment National Review fox-news/tech/topics/fbi fox-news/politics/justice-department fox-news/opinion fox-news/news-events/russia-investigation fnc/opinion fnc article Andrew McCarthy 9f36233d-2f10-5350-8876-07a8d378cdf0   Westlake Legal Group 694940094001_6086043814001_6086038286001-vs Andrew McCarthy: Why it's unlikely the McCabe grand jury voted against indictment National Review fox-news/tech/topics/fbi fox-news/politics/justice-department fox-news/opinion fox-news/news-events/russia-investigation fnc/opinion fnc article Andrew McCarthy 9f36233d-2f10-5350-8876-07a8d378cdf0

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Joseph diGenova: McCabe prosecution would start holding Obama officials responsible for anti-Trump abuses

Westlake Legal Group 694940094001_6086043814001_6086038286001-vs Joseph diGenova: McCabe prosecution would start holding Obama officials responsible for anti-Trump abuses Joseph diGenova fox-news/tech/topics/fbi fox-news/politics/justice-department fox-news/person/donald-trump fox-news/opinion fox-news/news-events/russia-investigation fox news fnc/opinion fnc article 09160899-287d-5bc9-90de-a85ba53f4504

It’s clear that the Justice Department is right to seek criminal charges against fired former FBI Deputy Director Andrew McCabe in light of the leaking and lying that cost him his job last year.

After rejecting a final appeal from McCabe’s legal team, the Justice Department stands ready to seek an indictment against McCabe based on his misconduct as described in an Office of the Inspector General’s report regarding the Hillary Clinton email investigation, Fox News has reported.

Inspector General Michael Horowitz found that McCabe repeatedly lied to investigators about his leaking of confidential information regarding the Clinton probe. That’s a felony. The Justice Department would be remiss in its duty if it ignored the finding and let McCabe escape criminal charges.

MCCABE TEAM PRESSURES DOJ TO SHOW CARDS AMID GRAND JURY SPECULATION

Fox News reported that U.S. Attorney for the District of Columbia Jessie Liu recommended moving forward with charges against McCabe and that Deputy Attorney General Jeffrey Rosen rejected an appeal by attorneys for McCabe to go against Liu’s recommendation.

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Liu and Rosen made the proper decision. Just because he held a high position in the FBI does not mean that McCabe is above the law.

In the latest development in the case, Fox News reported Friday that attorneys for McCabe are trying again to get the Justice Department to drop plans to prosecute the fired FBI official, who briefly served as acting director of the bureau after James Comey was fired from the top FBI job.

McCabe’s attorneys made the request citing “rumors from reporters starting this morning that the grand jury considering charges against Mr. McCabe had declined to vote an indictment,” according to an email from McCabe’s legal team obtained by Fox News.

If McCabe’s involvement is as extensive as some are suggesting, I have complete confidence that he’ll soon face charges far more serious than merely lying about his leaks.

The likely prosecution of McCabe is an important step in the necessary effort to hold senior Obama-era officials at the FBI and elsewhere accountable for abusing the power and credibility of the U.S. government in an attempt to reverse the American people’s choice of Donald Trump to become president of the United States.

Last month, I reassured Fox News readers that Attorney General William Barr’s decision not to pursue criminal charges against Comey was not “a vindication of Comey, a defeat for the president, or an end to the inquiry surrounding these leaks.”

The likely impending indictment of McCabe proves that I was right to trust Barr’s judgment. The restraint Barr showed in his handling of Comey’s own leaks adds to the legitimacy of the case against McCabe, which seems about to become the first prosecution in the “investigation of the investigators.”

This shows that President Trump’s Justice Department and Attorney General Barr are focused solely on the restoration of public trust, and that they’re totally committed to the integrity of the process as they seek to remove the stain left by the out-of-control Obama-era FBI leadership.

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We now know this investigation has teeth. All that remains to be seen is how far it all goes. A wider and wider swath of misconduct during the Comey-McCabe era is coming under scrutiny, as the motion alleging that the government withheld evidence in the case against former National Security Adviser Michael Flynn shows.

Foreign Intelligence Surveillance Court documents – at least some of which reportedly carry McCabe’s signature — may finally be approaching declassification as well.

The ultimate question will be just how much evidence emerges linking McCabe to a conspiracy to trump up charges against Flynn and inflate the Russiagate hoax in an effort to sabotage President Trump.

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If McCabe’s involvement is as extensive as some are suggesting, I have complete confidence that he’ll soon face charges far more serious than merely lying about his leaks.

The decision to prosecute McCabe is the strongest indication yet that the Justice Department is on the trail of some truly nefarious behavior by some extremely high-ranking government officials. The only question now is how deep and broad this genuine conspiracy goes.

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Westlake Legal Group 694940094001_6086043814001_6086038286001-vs Joseph diGenova: McCabe prosecution would start holding Obama officials responsible for anti-Trump abuses Joseph diGenova fox-news/tech/topics/fbi fox-news/politics/justice-department fox-news/person/donald-trump fox-news/opinion fox-news/news-events/russia-investigation fox news fnc/opinion fnc article 09160899-287d-5bc9-90de-a85ba53f4504   Westlake Legal Group 694940094001_6086043814001_6086038286001-vs Joseph diGenova: McCabe prosecution would start holding Obama officials responsible for anti-Trump abuses Joseph diGenova fox-news/tech/topics/fbi fox-news/politics/justice-department fox-news/person/donald-trump fox-news/opinion fox-news/news-events/russia-investigation fox news fnc/opinion fnc article 09160899-287d-5bc9-90de-a85ba53f4504

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Matt Gaetz: In McCabe case, ‘swamp creatures’ are ‘chewing on each other for once’

Westlake Legal Group 694940094001_6086167092001_6086156267001-vs Matt Gaetz: In McCabe case, 'swamp creatures' are 'chewing on each other for once' fox-news/tech/topics/fbi fox-news/shows/the-story fox-news/politics/justice-department fox-news/person/james-comey fox-news/media/fox-news-flash fox-news/media fox news fnc/media fnc Charles Creitz article ad8fa893-3545-50fe-881f-922b974737be

Former FBI Director James Comey and his ex-deputy, Andrew McCabe appear to be at odds when it comes to claims McCabe showed a lack of candor to investigators about leaks to the press, according to Rep. Matt Gaetz, R-Fla.

While bureaucrats in what President Trump and many of his supporters call the “swamp” are often directing their rhetorical fire at the administration, that may change, Gaetz said Friday on “The Story.”

“The facts have Andrew McCabe dead to rights,” he said. “He lied to Comey, he lied to the inspector general, and he lied to the internal affairs investigators who determined he had authorized the release of information that disclosed the work that was being done regarding the Clinton Foundation.”

US ATTORNEY RECOMMENDS PROCEEDING WITH CHARGES AGAINST MCCABE, AS DOJ REJECTS LAST-DITCH APPEAL

“McCabe said, ‘Well, Comey knew about all these things.’ Comey disputes that. Now we’ve got some of the swamp creatures chewing on each other for once.”

At the time, Comey claimed he never authorized an information leak to The Wall Street Journal.

However, McCabe attorney Michael Bromwich previously told Fox News that “Mr. McCabe’s interaction with The Wall Street Journal – which by FBI rule and practice he was fully authorized to do – was not done in secret: it took place over the course of several days and others knew of it, including Director Comey.”

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On “The Story,” Gaetz said the Justice Department’s rejection of a McCabe appeal against potential litigation shows the government will apply the law “equally to everyone.”

“Now, McCabe appears to be potentially at the business end of an indictment for his false statements where he was trying to shape the media narrative regarding how the FBI and the DOJ were interacting on the Hillary Clinton email investigation.”

Fox News’ Catherine Herridge and Samuel Chamberlain contributed to this report.

Westlake Legal Group 694940094001_6086167092001_6086156267001-vs Matt Gaetz: In McCabe case, 'swamp creatures' are 'chewing on each other for once' fox-news/tech/topics/fbi fox-news/shows/the-story fox-news/politics/justice-department fox-news/person/james-comey fox-news/media/fox-news-flash fox-news/media fox news fnc/media fnc Charles Creitz article ad8fa893-3545-50fe-881f-922b974737be   Westlake Legal Group 694940094001_6086167092001_6086156267001-vs Matt Gaetz: In McCabe case, 'swamp creatures' are 'chewing on each other for once' fox-news/tech/topics/fbi fox-news/shows/the-story fox-news/politics/justice-department fox-news/person/james-comey fox-news/media/fox-news-flash fox-news/media fox news fnc/media fnc Charles Creitz article ad8fa893-3545-50fe-881f-922b974737be

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Gowdy calls DOJ’s rejection of McCabe appeal a ‘celebration of our justice system’

Westlake Legal Group Goudy-McCabe_Fox-AP Gowdy calls DOJ's rejection of McCabe appeal a 'celebration of our justice system' fox-news/tech/topics/fbi fox-news/shows/the-story fox-news/politics/justice-department fox-news/politics/finance/investigations fox-news/news-events/russia-investigation fox-news/media/fox-news-flash fox-news/media fox news fnc/media fnc Charles Creitz article 7b15158e-9e88-57bb-8c42-cd29af191ee1

The Justice Department’s recommendation to move forward with charges against ex-FBI Deputy Director Andrew McCabe exemplifies the fairness of the American justice system, according to Trey Gowdy.

McCabe’s effort to avoid charges relating to lying to federal investigators was stymied when Deputy Attorney General Jeffrey Rosen rejected the new CNN contributor’s appeal, Gowdy said Thursday on “The Story.”

“It’s a celebration of our justice system, where you can be the second-in-command at the world’s premier law enforcement agency and still be subject to investigation and potentially indictment,” said Gowdy, a Fox News contributor and former South Carolina Republican congressman.

Earlier Thursday, Fox News learned that U.S. Attorney for the District of Columbia Jessie Liu recommended moving forward with charges against McCabe.

US ATTORNEY RECOMMENDS PROCEEDING WITH CHARGES AGAINST MCCABE, AS DOJ REJECTS LAST-DITCH APPEAL

On “The Story,” Gowdy told host Martha MacCallum the ex-FBI official is nonetheless afforded the same constitutional rights as anyone else.

“He’s presumed innocent,” he said, noting some political observers may find that fact “wildly unpopular.”

“And even if he’s indicted, the indictment is no evidence of a crime,” Gowdy added.

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“I know politics doesn’t reward fairness, but our justice system needs to survive long past the political vagaries.”

Gowdy said McCabe lied to DOJ Inspector General Michael E. Horowitz and “leaked something that was in his best interest.”

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“It’s the oldest motive known to man, which is self-interest,” he said.

A source close to McCabe’s legal team said they received an email from the Department of Justice which said, “The department rejected your appeal of the United States Attorney’s Office’s decision in this matter. Any further inquiries should be directed to the United States Attorney’s Office.”

McCabe spent 21 years with the FBI. He became the acting director in May 2017 after President Trump fired Director James Comey.

His legal team met with Liu in person to make an appeal not to move forward with any prosecution. They also met in person with Rosen for the same reason, according to a person familiar with the meetings.

McCabe’s team also sent an “extensive” letter to Rosen following the meetings, laying out their reasoning against moving forward with a prosecution, according to the source.

Fox News’ Jake Gibson and Alex Pappas contributed to this report.

Westlake Legal Group Goudy-McCabe_Fox-AP Gowdy calls DOJ's rejection of McCabe appeal a 'celebration of our justice system' fox-news/tech/topics/fbi fox-news/shows/the-story fox-news/politics/justice-department fox-news/politics/finance/investigations fox-news/news-events/russia-investigation fox-news/media/fox-news-flash fox-news/media fox news fnc/media fnc Charles Creitz article 7b15158e-9e88-57bb-8c42-cd29af191ee1   Westlake Legal Group Goudy-McCabe_Fox-AP Gowdy calls DOJ's rejection of McCabe appeal a 'celebration of our justice system' fox-news/tech/topics/fbi fox-news/shows/the-story fox-news/politics/justice-department fox-news/politics/finance/investigations fox-news/news-events/russia-investigation fox-news/media/fox-news-flash fox-news/media fox news fnc/media fnc Charles Creitz article 7b15158e-9e88-57bb-8c42-cd29af191ee1

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Andrew McCarthy: McCabe indictment expected – what’s next?

Westlake Legal Group 694940094001_6085783544001_6085784543001-vs Andrew McCarthy: McCabe indictment expected – what’s next? National Review fox-news/tech/topics/fbi fox-news/politics/justice-department fox-news/person/james-comey fox-news/opinion fox-news/news-events/russia-investigation fnc/opinion fnc article Andrew McCarthy 88c24bda-2652-5129-8f52-ff1066bbda43

Federal prosecutors in Washington have recommended that criminal charges be filed against Andrew McCabe, the FBI’s former deputy director, and the Justice Department has rejected a last-ditch appeal by McCabe’s lawyers, according to a report on Thursday by Fox News. This clears the way for what appears to be McCabe’s imminent indictment.

Jesse Liu, the U.S. attorney for the District of Columbia (appointed by Trump), has reportedly decided that McCabe should be charged. The decision was based on a referral by the Justice Department’s inspector general (appointed by Obama), Michael Horowitz. In a comprehensive report last year, issued after a probe of a leak of investigative information to the media orchestrated by McCabe, Horowitz found that McCabe had misled investigators, including making false statements under oath. As we observed here when the IG’s report was released, the case laid out by Horowitz appears compelling.

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The Fox report indicates that Liu signaled to McCabe’s lawyers that she was persuaded to file charges. McCabe’s lawyers then appealed that decision to Jeffrey Rosen, the deputy attorney general (DAG). At least one source told Fox that McCabe’s team received an email from the Justice Department, which states: “The Department rejected your appeal of the United States Attorney’s Office’s decision in this matter. Any further inquiries should be directed to the United States Attorney’s Office.”

US ATTORNEY RECOMMENDS PROCEEDING WITH CHARGES AGAINST MCCABE, AS DOJ REJECTS LAST-DITCH APPEAL

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In the Justice Department chain of command, U.S. attorneys (who are presidential appointees confirmed by the Senate) report to the DAG. For most crimes, including false-statements offenses, the district U.S. attorney does not need authorization from the Justice Department to file charges. Nevertheless, in light of the facts that McCabe was a high-ranking Justice Department official (the FBI is part of DOJ) and that the potential charges stem from a Justice Department IG investigation, it makes sense that the district’s chief prosecutor would stay her hand to allow McCabe the opportunity to appeal to the Justice Department.

McCabe has indicated that, if charged, he would claim that the Justice Department was indicting him because of pressure from the White House. President Trump has been an unrestrained critic of McCabe, accusing him of rampant corruption.

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Westlake Legal Group 694940094001_6085783544001_6085784543001-vs Andrew McCarthy: McCabe indictment expected – what’s next? National Review fox-news/tech/topics/fbi fox-news/politics/justice-department fox-news/person/james-comey fox-news/opinion fox-news/news-events/russia-investigation fnc/opinion fnc article Andrew McCarthy 88c24bda-2652-5129-8f52-ff1066bbda43   Westlake Legal Group 694940094001_6085783544001_6085784543001-vs Andrew McCarthy: McCabe indictment expected – what’s next? National Review fox-news/tech/topics/fbi fox-news/politics/justice-department fox-news/person/james-comey fox-news/opinion fox-news/news-events/russia-investigation fnc/opinion fnc article Andrew McCarthy 88c24bda-2652-5129-8f52-ff1066bbda43

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