Report: Andrew McCabe Seeks Immunity Deal for Testimony

Former FBI Deputy Director Andrew McCabe is reportedly in negotiations with Senate Judiciary Committee Chairman Chuck Grassley to be granted immunity in exchange for his testimony on the upcoming Justice Department Inspector General report on the FBI’s handling of the Clinton email probe.

“Grassley, an Iowa Republican, has quietly requested that several former officials appear in front of the Judiciary Committee to discuss the long-awaited internal Justice Department report, which sources say will detail a series of missteps surrounding the Justice Department and FBI’s investigation into Clinton’s handling of classified information while secretary of state,” CNN reports.

“Under the terms of such a grant of use immunity, no testimony or other information provided by Mr. McCabe could be used against him in a criminal case,” Michael Bromwich, an attorney for the former FBI official, told Grassley.

“Mr. McCabe is willing to testify, but because of the criminal referral, he must be afforded suitable legal protection,” Bromwich added.

“This is a textbook case for granting use immunity… If this Committee is unwilling or unable to obtain such an order, then Mr. McCabe will have to no choice but to invoke his Fifth Amendment privilege against self-incrimination.”

The Washington Post recently reported D.C. U.S. Attorney’s office interviewed fired FBI Director James Comey, in what is being described as “an indication the office is seriously considering” whether former bureau Deputy Andrew McCabe should face criminal charges.

The Post wrote:

Justice Department Inspector General Michael E. Horowitz accused McCabe in April of misleading investigators and Comey four times — three of them under oath — about authorizing a disclosure to the media. Horowitz referred the findings to the D.C. U.S. Attorney’s Office to determine whether criminal charges are warranted.

Lying to federal investigators can carry a five-year prison sentence, though McCabe disputes that he intentionally misled anyone. Comey’s interview, while significant, does not indicate prosecutors have reached any conclusions, and people familiar with the process said it is not surprising given the allegations McCabe faces. A referral from the inspector general does not guarantee charges will be filed.

McCabe’s attorney, Michael Bromwich, issued a statement in response to what he describes as an “extremely disturbing” leak from the U.S. Attorney’s Office.

“A little more than a month ago, we confirmed that we had been advised that a criminal referral to the U.S. Attorney’s Office had been made regarding Mr. McCabe,” Bromwich said. “We said at that time that we were confident that, unless there is inappropriate pressure from high levels of the Administration, the U.S. Attorney’s Office would conclude that it should decline to prosecute. Our view has not changed.”

Attorney General Jeff Sessions, acting on the recommendation of the FBI’s Office of Professional Responsibility, terminated McCabe on March 16.