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News / Nation & World

U.S. attorney got referral on McCabe

It raises possibility ex-deputy FBI chief could be prosecuted

By Karoun Demirjian and Matt Zapotosky, The Washington Post
Published: April 19, 2018, 9:09pm

WASHINGTON — The Justice Department inspector general referred his finding that former FBI deputy director Andrew McCabe repeatedly misled investigators to the top federal prosecutor in Washington to determine whether McCabe should be charged with a crime, according to people familiar with the matter.

The referral to the U.S. Attorney’s Office for the District of Columbia occurred some time ago, after the inspector general concluded McCabe had lied to investigators or his boss, then-FBI Director James Comey, on four occasions, three of them under oath.

The U.S. attorney’s office met with McCabe’s legal team in recent weeks, though it was not immediately clear whether prosecutors there were conducting their own investigation or believed criminal charges are appropriate.

The referral raises the possibility that McCabe could be charged and jailed for his alleged misconduct — perhaps with Comey testifying against him. A referral to federal prosecutors, though, does not necessarily mean McCabe will be charged.

Michael Bromwich, McCabe’s lawyer, said in a statement: “We were advised of the referral within the past few weeks. Although we believe the referral is unjustified, the standard for an [inspector general] referral is very low. We have already met with staff members from the U.S. Attorney’s Office. We are confident that, unless there is inappropriate pressure from high levels of the Administration, the U.S. Attorney’s Office will conclude that it should decline to prosecute.”

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