Once the lawsuit is resolved, the Justice Department and the FBI avoid the risk that going to trial could produce embarrassing information through the discovery process and depositions. In September 2020, a federal judge rejected the ministry’s efforts to close the case, allowing litigation to move forward.
Lawyers for Mr. McCabe had planned to interview FBI Director Christopher A. Wray and his former deputy David L. Bowdich. Lawyers also reportedly grilled Mr. Sessions and his then deputy Rod J. Rosenstein, along with others, including the department’s inspector general, Michael E. Horowitz.
Mr McCabe and his lawyers had argued that he was fired because he refused to swear loyalty to the then president. He was also part of the FBI leadership that launched an investigation into whether Trump campaign associates conspired with Russia in the 2016 presidential election. Mr. Trump has repeatedly called the investigation witch hunt and sacked then FBI Director James B. Comey after expressing fury over the investigation.
Mr. Trump had urged the Justice Department to get rid of Mr. McCabe. After media reported in December 2017 that Mr. McCabe was planning to retire, Mr. Trump said on Twitter that “FBI Deputy Director Andrew McCabe is running out of time to retire with everyone. social benefits. 90 days to go? !!! ”
Mr. McCabe, a graduate of Duke University and the Washington University School of Law in St. Louis, joined the FBI in 1996 as an agent in the New York office and quickly rose through the ranks of the office. Mr. Comey appointed Mr. McCabe deputy director in 2016, placing him in charge of operations as the office’s most senior officer.
Mr McCabe’s rise to office took a dizzying turn in January 2018 when Mr Wray demoted Mr McCabe without telling him why. Mr. McCabe then elected to take leave until March, when he was eligible for retirement.
Almost a month after his sacking, the Inspector General released his findings, issuing a report on Mr McCabe’s conduct, saying he had not been completely honest in answering questions about his role in the leak. media on the Clinton affair.