By Tank Murdoch

(TNS) Americans frustrated over the lack of effort to prosecute ranking Obama-era officials were further angered by the Justice Department’s decision last week to pass on indicting fired FBI Deputy Director Andrew McCabe.



Nothing is truly ‘open and shut’ when it comes to prosecuting criminal cases, especially when it involves members of the ruling ‘elite.’ But McCabe’s case seemed, well, easier than most.

As Rep. Matt Gaetz noted Friday during an interview on Fox News, “Let’s remember he leaked, he lied about leaking, then he lied about lying about leaking.”



He wasn’t merely speculating. He was citing the conclusions of Justice Department Inspector General Michael Horowitz who, upon investigation, determined that McCabe was indeed an alleged serial liar worthy of prosecution, which is why Horowitz sent the DoJ a criminal referral.

So what happened?

As Bonchie at Red State notes, McCabe certainly didn’t get off because Attorney General William Barr willed it:

After the DOJ sent a letter to McCabe’s lawyers telling them that the case was being closed without an indictment, the obvious person to blame was Bill Barr. He’s in charge here and it was his DOJ that appeared to be feeling into two standards of justice, whereby if you work for the government and yell orange man bad loud enough, you get away with whatever crimes you commit.

There may be some blame there, but I think the answer to why McCabe is now going on CNN and proclaiming vindication is much simpler – career officials screwed this up, either on purpose or via incompetence.

I believe that if Bill Barr and his DOJ had a decent probability for a conviction of McCabe, they would of pressed through with the case. It makes no sense to suggest otherwise. Barr stands to gain absolutely nothing by protecting McCabe and McCabe has been no friend to Barr throughout this ordeal. Why would the AG tick his boss off just to help out a guy who’s been calling for his resignation?

That makes perfect sense. Barr did get the blame but it’s likely Barr’s the least blamable official at DoJ. We have to remember that he was brought in by President Trump to clean up after Obama’s mess.

To the point regarding incompetence, former federal prosecutor Andrew McCarthy had some thoughts about that which he put into a column Sunday:

There have been rumblings that the McCabe investigation was botched. Kamil Shields, a prosecutor who reportedly grew frustrated by her supervisors’ inordinate delays in making decisions about the McCabe probe, ultimately left the Justice Department to take a private-practice job. Another prosecutor, David Kent, quit last summer as DOJ dithered over the decision on whether to prosecute.

Things became so drawn out that the investigating grand jury’s term lapsed. Meanwhile, the Justice Department endorsed Liu’s aggressive decision to bring a thin, politically fraught false-statements case against former Obama White House counsel Greg Craig, in connection with lobbying for a foreign country — the sort of crime that is rarely prosecuted. Craig was swiftly acquitted. Reportedly, Liu advocated charging McCabe, but the DOJ may have harbored doubts about her judgment.

Remember, too, that Trump just rescinded Liu’s nomination to the Treasury Department as well, hinting that she was either incompetent, after all, or compromised — or both — and all relating to McCabe.

Bonchie also offered up this very plausible explanation:

There’s also the possibility that the grand jury in DC simply wouldn’t give Barr what he wanted here. The people in that city that make up said grand juries are 90+% Democrats. Would it really be shocking to find out that there’s just noway to get them to green light the prosecution of a #resistance member?

That also makes sense, especially after we just learned that the lead juror in Roger Stone’s case was a closet ‘resistance’ member, former Democratic congressional candidate, and serial hater of President Trump.

Nevertheless, as McCarthy points out, McCabe was very probably guilty:

The FBI’s former deputy director, though he undeniably misled investigators, remains a commentator at CNN. In the meantime, Papadopoulos is a felon convicted and briefly imprisoned for misleading investigators, while Flynn and Stone are awaiting sentencing on their false-statements charges. That covers both tiers of our justice system.


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Incompetence, purposeful actions on the part of federal prosecutors to protect their own at DoJ, or biased juries — whatever the case, the McCabe outrage does more than expose our ‘two-tier’ justice system, it reveals just what Barr & Co. are up against and how difficult the swamp has made it to hold any of its members accountable to the American people.

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