Law Professor: McCabe May Have Incriminated Comey In Statement

James Comey Getty Images/Mark Wilson

David Krayden Ottawa Bureau Chief
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Fired FBI Deputy Director Andrew McCabe’s statement following his dismissal may have incriminated former FBI Director James Comey, according to George Washington University law professor Jonathan Turley.

In an article for The Hill, Turley writes that in defending himself, McCabe was pointing the his finger at Comey for leaking confidential information to to the media and also “lying to Congress.”

Turley writes, “McCabe declared that he was ‘singled out’ after ‘unrelenting’ attacks by President Trump and critics… McCabe may have rectified his ‘singled out’ status with his long statement criticizing his termination: In the middle of it is a line that could be viewed as incriminating fired FBI director James Comey, not just in leaking sensitive information but also in lying to Congress.”

The incriminating line can be found, Turley argues, when McCabe explains how he “chose to share” information with a reporter after first seeking the FBI’s public affairs and legal counsel.

“As deputy director, I was one of only a few people who had the authority to do that. It was not a secret, it took place over several days, and others, including the director, were aware of the interaction with the reporter,” McCabe said.

Turley states: “If the ‘interaction’ means leaking the information, then McCabe’s statement would seem to directly contradict statements Comey made in a May 2017 congressional hearing. Asked if he had ‘ever been an anonymous source in news reports about matters relating to the Trump investigation or the Clinton investigation’ or whether he had ‘ever authorized someone else at the FBI to be an anonymous source in news reports about the Trump investigation or the Clinton investigation,’ Comey replied ‘never’ and ‘no.’”

According to Turley, the inspector general’s office in the Department of Justice viewed this “interaction” as a concern when it questioned McCabe. “If the inspector general considered this to be a leak to the media, any approval by Comey would be highly significant. Comey already faces serious questions over his use of a Columbia University Law School professor to leak information to the media following his own termination as director.”

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