September 22, 2019

? THE POINT ISN'T CONVICTION, JUST REVENGE:

The Weak and Risky Case Against Andrew McCabe (RENATO MARIOTTI, September 20, 2019, Politico)

The case federal prosecutors reportedly are preparing to bring against former FBI Deputy Director Andrew McCabe for lying to his colleagues at the FBI is weak and likely to fail at trial. And if it does, the Department of Justice will be embarrassed--again--and struggling to answer why it brought the case in the first place. [...]

Perhaps the DOJ's strongest evidence was a later interview by investigators that was recorded. In that interview, McCabe denied authorizing his aide to leak the story and denied being in contact with her during that time. These denials are provably false but once again the evidence is weakened by mitigating facts. In this case, McCabe called the inspector general four days after the interview, said he had been thinking about the questions, and corrected the record. That strongly undercuts a conclusion that he knowingly and willfully lied, and it will be hard for a jury to send him to prison for a false statement that he promptly corrected without being asked.

Posted by at September 22, 2019 8:10 AM

  

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