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US attorney Jessie Liu has recommended going ahead with accusations against Andrew McCabe, Fox News learned, while the Justice Department rejected the last-ditch appeal of the law. former senior FBI official.
McCabe – the former deputy and acting director of the FBI – appealed the US prosecutor's decision in Washington until Jeffrey Rosen, deputy attorney general, but he dismissed the claim, according to a person close to the situation .
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The potential charges relate to the Department of Justice Inspector's general findings of misrepresentation of an investigation related to Hillary Clinton.
A source close to McCabe's legal team said he received an email from the Department of Justice: "The ministry has dismissed your appeal of the decision of the US Attorney's Office in this case." should be addressed to the US Attorney's Office. "
McCabe, who was recently hired as a paid commentator for CNN, spent 21 years at the FBI. He became acting director in May 2017, after President Trump fired his former director, James Comey.
Last month, a source close to the process told Fox News that McCabe had a "target on the back" because of the findings of the Inspector General of the Department of Justice.
The Attorney General of the day, Jeff Sessions, sacked McCabe in March 2018 after the Inspector General repeatedly discovered that he had misstated his involvement in a leak to the Wall Street Journal regarding an FBI investigation into the Clinton Foundation.
The IG's report accused McCabe of disclosing information to Devlin Barrett, a Wall Street Journal reporter, as part of an article titled "The FBI in the Internal Hillary Clinton Probe Journal." " on the FBI announcing the reopening of the Clinton inquiry after finding thousands of emails on a laptop belonging to former Democratic Republican Anthony Weiner, who was married to Clinton's help Huma Abedin.
According to the story of the appeal, a senior Justice official displeased McCabe that FBI agents still study the Clinton Foundation and that the latter defended the officer's power to pursue the case. .
This leak confirmed the existence of the probe, the report said, what Comey had until then refused to do.
According to the report, McCabe "would have missed a franchise" during a conversation with Comey when he reportedly stated that he had not authorized the disclosure and that he did not know. who did it. The IG also found that he was also lacking frankness when he had been questioned by FBI agents several times since that conversation.
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McCabe denied any wrongdoing and said the findings of the Inspector General were based on misleading descriptions and omissions, including information favorable to McCabe.
Last month, McCabe sued the FBI and the Justice Department following his dismissal, arguing that it was part of Trump's plan to rid the bureau of executives he considered unfair. McCabe claimed in his complaint that the two officials responsible for McCabe's demotion and dismissal – Chris Wray, FBI director, and Sessions – had created a pretext for him to be forced out according to the president's wishes.
The reason for the dismissal was that McCabe had misled the investigators into his involvement in a media leak, but McCabe explained that the real reason was "his refusal to swear to one man".
McCabe has been attacked by the president since his election after the announcement, in the fall of 2016, that his wife had accepted the campaign contributions from a political action committee associated with the Former Virginia governor, Terry McAuliffe, during an unsuccessful race in the Senate. McAuliffe is a close ally of Bill and Hillary Clinton, who was under investigation at the time for his use of a personal mail server while she was a secretary d & # 39; State.
After McCabe's CNN engagement, Trump called it "shameful."
CNN did not immediately respond to a request for comment on Thursday.
Catherine Herridge, Brian Flood, Adam Shaw and Fox News Associated Press contributed to this report.
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