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The US attorney reviewed McCabe's alleged misrepresentations to investigators regarding his involvement in a newspaper article about a Clinton Foundation investigation released a few days before the 2016 presidential election.
US lawyer Jessie Liu has recommended that McCabe be charged. At a meeting with Deputy Attorney General Jeffrey Rosen at the Justice Department last month, McCabe's lawyers opposed the recommendation, said one source.
On Thursday, a senior DOJ official sent an email to McCabe's legal team, informing him of the dismissal of the appeal, according to a second person close to the legal team.
McCabe stated that he had never intentionally misled anybody. His lawyers say any charge against him would be motivated by President Donald Trump's policy and retribution for the FBI's scrutiny of his administration.
McCabe is a contributor to CNN.
McCabe, who became acting director of the FBI after the sacking of James Comey, was accused last year by the Inspector General of the Justice Department of having breached the franchise when he had discussed with investigators his decision to order FBI officials to disclose information about the Clinton Foundation's investigation. at the Wall Street Journal.
The notification to McCabe of the rejection of his appeal makes it clear that an indictment is imminent. If McCabe were to be charged, it would be a rare step against a senior law enforcement official and would be the first charge against a case manager involved in the investigations. on Trump, the president having led a crusade to discredit them.
McCabe challenged the findings of the Inspector General and his attorneys asserted that the Inspector General made inaccurate statements only after the investigators asked him questions in a confused manner. McCabe subsequently corrected his statements to the investigators regarding the authorization of the disclosure to the newspaper.
A spokesman for the US DC prosecutor declined to comment.
After the dismissal of Comey in May 2017, McCabe opened the FBI president's investigation into the obstruction of justice before the appointment of former special advocate Robert Mueller.
In March 2018, two days before his expected retirement, when he was eligible to receive early retirement benefits, McCabe was fired from the FBI.
McCabe sued the Justice Department and the FBI for his dismissal, accusing Trump of having retaliated against him.
The Department of Justice's track record of prosecuting false claims seems mixed. Mueller has accused several people in 2017 and 2018 for making false statements to the FBI, including Trump's first national security adviser, Michael Flynn.
However, on several occasions in recent years, the Justice Ministry has refused to sue people accused by the Inspector General's office of making false statements or lacking frankness during interviews.
This story has been updated.
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