Prosecutors Interview Comey to Determine If McCabe Broke the Law

As part of an investigation into former FBI Deputy Director Andrew McCabe, prosecutors from the D.C. U.S. Attorney’s Office interviewed his boss James Comey to determine whether McCabe broke the law when he lied to federal agents and whether he should be charged.

Back in April, Justice Department Inspector General Michael E. Horowitz accused the former deputy director of misleading investigators about disclosing information to media without being authorized to do it. The findings were turned over to the D.C. U.S. Attorney’s Office to determine whether criminal charges against McCabe need to be made.

He and Comey are at odds over the inspector general’s findings. McCabe claims his boss knew he authorized the media disclosure, while Comey claims the opposite. Comey has said that should McCabe ever be charged and tried, he would be a witness.

McCabe is facing up to five years in prison for lying to federal investigators, but Comey’s interview does not indicate prosecutors have reached any conclusions yet. McCabe has denied he deliberately mislead investigators, while his lawyer has said they were confident his client will not be prosecuted.

“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. 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.”

The U.S. attorney’s investigation into McCabe will most probably intensify partisan disputes and could also provide a chance for President Donald Trump to ratchet up his attacks on the former FBI deputy director.

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