By Jon Dougherty
(TNS) House Judiciary Committee member Matt Gaetz (R-Fla.) unloaded on fired FBI Deputy Director Andrew McCabe on Friday after the Justice Department announced it would not pursue criminal charges against him.
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During an interview on Fox News, Gaetz was clear that he believes McCabe was not worthy of prosecution but guilty.
Asked to comment on McCabe’s post-exoneration statement, that it was a “disgrace” it took the Justice Department two years to clear him, Gaetz said, “The disgrace is that McCabe isn’t gonna be behind bars.”
“Let’s remember he leaked, he lied about leaking, then he lied about lying about leaking,” the Florida Republican said.
“We can’t live in a world where an old FBI business card doubles as a ‘get out of jail free’ card when people break the law, especially when you see that folks were accused of lying like [longtime GOP operative and Trump ally] Roger Stone and [Trump’s first national security adviser] Michael Flynn,” he continued.
“They had the book thrown at them, so I think there’s still a little swamp left to be drained at the Department of Justice, and I’m hopeful that Attorney General Bill Barr will get the job done in that regard,” said Gaetz.
A criminal referral to the DoJ for McCabe was initially made by the department’s inspector general, Michael Horowitz, after it was discovered that he lied to federal agents — a felony for which Flynn is still in legal jeopardy, though his sentencing has been indefinitely postponed.
Also, as we reported, former U.S. Attorney Jessie K. Liu, whom President Trump withdrew as a nominee to the Treasury Department amid scandal implications last week, even recommended that McCabe be prosecuted.
After a long investigation, Horowitz found that McCabe lied to FBI agents, IG agents, and also improperly leaked sensitive data to the media. When the referral was made, McCabeâ€™s lawyers expressed confidence that their client would not be charged.
The IG reportÂ noted:
We found that, in a conversation with then-Director Comey shortly after the WSJ article was published, McCabe lacked candor when he told Comey, or made statements that led Comey to believe, that McCabe had not authorized the disclosure and did not know who did. Â This conduct violated FBI Offense Code 2.5 (Lack of Candor â€“ No Oath).
We also found that on May 9, 2017, when questioned under oath by FBI agents from INSD, McCabe lacked candor when he told the agents that he had not authorized the disclosure to the WSJ and did not know who did. Â This conduct violated FBI Offense Code 2.6Â (Lack of Candor â€“ Â Under Oath).
We further found that on July 28, 2017, when questioned under oath by the OIG in a recorded interview, McCabe lacked candor when he stated: (a) that he was not aware of Special Counsel having been authorized to speak to reporters around October 30 and (b) that, Â because he was not in Washington, D.C., on October 27 and 28, 2016, he was unable to say where Special Counsel was or what she was doing at that time. Â This conduct violated FBI Offense Code 2.6Â (Lack of Candor â€“ Under Oath).
We additionally found that on November 29, 2017, when questioned under oath by the OIG in a recorded interview during which he contradicted his prior statements by acknowledging that he had authorized the disclosure to the WSJ, McCabe lacked candor when he: (a) stated that he told Comey on October 31, 2016, that he had authorized the disclosure to the WSJ; (b) denied telling INSD agents on May 9 that he had not authorized the disclosure to the WSJ about the PADAG call; and (c) asserted that INSDâ€™s questioning of him on May 9 about the October 30 WSJ article occurred at the end of an unrelated meeting when one of the INSD agents pulled him aside and asked him one or two questions about the article. This conduct violated FBI Offense Code 2.6Â (Lack of Candor â€“ Â Under Oath).
Rep. John RatcliffeÂ saidÂ during an interview on Fox Business Network that in order to prevent sending the message there are two systems of justice in America â€” one for the governing elite and one for everybody else â€” the Justice Department â€œhasâ€ to indict fired FBI Deputy Director Andrew McCabe for lying to investigators about media leaks.
â€œHere, you have the inspector general stating that Andrew McCabe did that multiple times, and the magic words, did so intentionally and knowing,â€ the Texas Republican told â€œSunday Morning Futures.â€
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Obviously, that didn’t happen.
That said, Gaetz noted further that he believes U.S. Attorney John Durham, who has been conducting a criminal investigation into the origins of “Spygate,”Â will be indicting people.
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