The Justice Department's inspector general referred the findings of its report on former FBI deputy director Andrew McCabe to federal prosecutors in Washington for possible criminal investigation. The Washington Post writes:
The referral to the D.C. U.S. Attorney’s Office occurred some time ago, after the inspector general concluded McCabe had lied to investigators or his own boss, then-FBI Director James B. Comey, on four occasions, three of them under oath. [...]
The referral raises at least the possibility that McCabe could be charged and jailed for his alleged misconduct — perhaps with Comey testifying as a witness against him. A referral to federal prosecutors, though, does not necessarily mean McCabe will be charged with a crime.
Michael R. Bromwich, McCabe’s lawyer, said in a statement: “We were advised of the referral within the past few weeks. [...] 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.”
The inspector general's report—which Attorney General Jeff Sessions used as the basis for firing McCabe last month—was originally leaked (rather than officially released) almost as soon as it was completed. Likewise, news of McCabe's criminal referral was also leaked Thursday, though the referral was made weeks ago or maybe even longer. Someone sure is eager to make sure the public knows of McCabe's woes.
The IG report specifically charged that McCabe “lacked candor” with internal investigators at the agency and concluded he wasn’t authorized to disclose to reporters the existence of an investigation into the Clinton Foundation.
On MSNBC Thursday, former FBI Assistant Director Frank Figliuzzi called the criminal referral on such a matter "unprecedented."
"If this is indeed true, that the charge that's being referred or recommended is for a 'lack of candor' during an internal inquiry, I cannot recall that ever happening in my 25-year FBI career," Figliuzzi said. "The remedy for that is termination, not criminal referral. So, I'm troubled by this if the reporting is correct. ... I'll go so far as to say it's unprecedented to make a criminal referral for lacking candor during an internal inquiry."
Figliuzzi added that approving an unauthorized leak is something that could rise to the level of criminal referral.