U.S. Attorney Jessie Liu has recommended moving forward with charges against Andrew McCabe, Fox News has learned, as the Justice Department rejects a last-ditch appeal from the former top FBI official and current CNN contributor.
McCabe — the former deputy and acting director of the FBI — appealed the decision of the U.S. attorney for Washington all the way up to Jeffrey Rosen, the deputy attorney general, but he rejected that request, according to a person familiar with the situation.
The potential charges relate to DOJ inspector general findings against him regarding misleading statements concerning a Hillary Clinton-related investigation.
A source close to McCabe’s legal team said they received an email from the Department of Justice which said, “The Department rejected your appeal of the United States Attorney’s Office’s decision in this matter. Any further inquiries should be directed to the United States Attorney’s Office.”
McCabe spent 21 years with the FBI. He became the acting director in May 2017 after President Trump fired former director James Comey.
McCabe’s legal team met with Liu in person to make an appeal not to move forward with any prosecution. They also met with Rosen, in person, for the same reason, according to a person familiar with the meetings.
McCabe’s team also sent an “extensive” letter to Rosen following the meetings, laying out their reasoning against moving forward with a prosecution, according to the source.
Last month, a source close to the process told Fox News that McCabe had a “target on his back” because of the Justice Department inspector general findings.