We have been discussing the investigation by the Inspector General of the Justice Department into the leaking of FBI memos by former Director James Comey. I have previously explained why there are serious questions concerning Comey’s conduct. Now there is an interesting development after Fox News confirmed that the law professor used by Comey for his leak was in fact a “special government employee” (SGE) for Comey’s FBI. That status of Columbia Professor Daniel Richman raised new concerns
Below is my column in The Hill newspaper on the referral of the Inspector General of the Justice Department of criminal charges against former acting FBI Director Andrew McCabe to the U.S. Attorney’s Office in Washington, D.C. Unlike most referrals, this comes after an extensive investigation of McCabe where the IG, and the Office of Professional Responsibility, made unprecedented recommendations against McCabe after concluding that he lied repeatedly for his own personal interest. It also follows a public statement by former FBI Director James Comey and McCabe’s account is untrue. That will put a great deal of pressure on U.S. attorney for the District of Columbia, Jessie Liu, who President Trump appointed in July 2017. Given the charges against others, like Flynn, McCabe is in a particularly bad position for such a referral. It now appears that McCabe will ask for more donations from the public.
Here is the column:
I previously criticized former FBI Director James Comey for his declaration that President Donald Trump is “possibly” under the influence of compromising information held by the Russians. There has of course been considerable speculation about “Golden Showers” and Russian prostitutes. However, when the person who once headed the investigation pointedly discussed the possibility, it suggests something more than speculation. It turns out that it was based precisely on that . . . speculation.
Justice Department Inspector General Michael Horowitz has released his watchdog report on the conduct of former Deputy FBI Director Andrew McCabe and it is scathing. As I discussed in an earlier column, McCabe took the unprecedented step of a top former FBI officer of asking for donations on GoFundMe and racked in more than half a million dollars. He notably raised the money and then closed the site not long before the release of the report showing that he repeatedly made false statements to investigators as well as Comey. It was like creating a victim fund before police concludes whether you were attacked or the attacker. Horowitz did not convey any doubt as to McCabe being the culprit. He and his career staff found that McCabe not only lied but did so to advance his personal — the public’s — interest. If that is the case, it only magnifies the concerns over the treatment of McCabe as opposed to the Trump officials (like Michael Flynn) who he once investigated. The fact that he had the audacity to raise a half million dollars before the facts were made public only heightens these concerns.