|16th Deputy Director of the Federal Bureau of Investigation|
February 1, 2016 – January 29, 2018
Christopher A. Wray
|Preceded by||Mark F. Giuliano|
|Succeeded by||David Bowdich|
|Director of the Federal Bureau of Investigation|
May 9, 2017 – August 2, 2017
|Preceded by||James Comey|
|Succeeded by||Christopher A. Wray|
Andrew George McCabe|
March 18, 1968
Hartford, Connecticut, U.S.
Duke University (BA)|
Washington University in St. Louis (JD)
Andrew George McCabe (born March 18, 1968) is an American attorney who served as the Deputy Director of the Federal Bureau of Investigation from February 2016 to January 2018.
From May 9, 2017 to August 2, 2017, McCabe served as the Acting Director of the FBI following James Comey's dismissal by President Donald Trump. U.S. Attorney General Jeff Sessions stated that McCabe was one of several candidates under consideration for Director. President Trump ultimately chose Christopher A. Wray, the former Assistant Attorney General for the Justice Department's Criminal Division, to succeed Comey. Once Wray was sworn in, McCabe returned to the position of Deputy Director.
On March 16, 2018, Sessions fired McCabe 26 hours before his scheduled retirement. Sessions announced that he based his decision on reports from the DOJ Inspector General and the FBI's disciplinary office saying that McCabe had made unauthorized releases of information to the media and had "lacked candor" in talking about it. McCabe denied that he had ever been dishonest and charged that his firing was politically motivated.
On April 19, 2018, media reported the US Department of Justice Inspector General had earlier sent a criminal referral to federal prosecutors for possible criminal charges against McCabe associated with allegations of lying to internal investigators.
McCabe was born in 1968. He graduated from The Bolles School in Jacksonville, Florida, in 1986. He graduated from Duke University in 1990 and obtained a J.D. degree from Washington University in St. Louis in 1993. He was also a brother of the Sigma Alpha Epsilon fraternity. During law school he interned in the criminal division of the United States Department of Justice. Because of a hiring freeze, McCabe spent three years in a private law practice before joining the FBI in 1996 in Philadelphia.
McCabe began his FBI career in the New York Field Office in 1996. While there, he was on the SWAT team. In 2003, he began work as a supervisory special agent at the Eurasian Organized Crime Task Force. Later, McCabe held management positions in the FBI Counterterrorism Division, the FBI National Security Branch and the FBI's Washington Field Office. In 2009, he served as the first director of the High-Value Detainee Interrogation Group, a program to research interrogation techniques that was created after the Department of Defense Directive 2310 ban of waterboarding and other interrogation techniques. McCabe was part of the investigation of the 2013 Boston Marathon bombing. McCabe secured the arrest of Ahmed Abu Khattala for suspected involvement in the 2012 Benghazi attack.
In 2017 the Inspector General of the Department of Justice and the U.S. Senate Judiciary Committee investigated McCabe over concerns that he should have recused himself from the investigation of Hillary Clinton's use of a private email server because of a potential conflict of interest caused by donations to his wife's campaign for the Virginia State Senate as a Democrat. FBI documents released in January 2018 showed that McCabe had in 2015, before his wife ran for political office in Virginia, notified the FBI about his wife's plans and consulted with the FBI about how he would avoid a conflict of interest. The documents showed that McCabe followed FBI protocol regarding potential conflicts of interest. McCabe did not oversee the Clinton email server probe while his wife was running for office and he was excluded from FBI investigations into public corruption cases in Virginia. According to USA Today, "the internal documents, published on the FBI's website, support what the bureau has asserted previously: that McCabe had no conflicts when he assumed oversight of the Clinton investigation. His role began in February 2016, following his appointment as deputy director and three months after his wife, Jill McCabe, lost her bid for a state Senate seat."
On May 9, 2017, McCabe became acting director of the FBI after Trump dismissed Comey as director. In the absence of a Senate-confirmed director, the deputy director automatically becomes acting director. Statute allows the president to choose an interim FBI director (acting director) outside of the standard order of succession. That process began on May 10, 2017, as Attorney General Jeff Sessions and Deputy Attorney General Rod Rosenstein interviewed four candidates to serve as interim FBI director. Sessions said that McCabe was "also under consideration." Shortly after Trump fired Comey, McCabe visited the White House for an introductory meeting in the Oval Office with the president, during which time the president reportedly asked McCabe who he had voted for in the 2016 election.
The Wall Street Journal published on October 20, 2016, an account of Justice Department and FBI internal deliberations regarding an investigation of the Clinton Foundation that began in 2015. Four FBI field offices — New York, Los Angeles, Washington and Little Rock — were pursuing the investigation, with some field agents advocating that it be aggressively continued, while some supervisors and prosecutors believed there was insufficient evidence and that the investigation was too expansive. In July 2016, McCabe decided that the New York FBI office would continue investigating, with assistance from Little Rock. The Journal reported that a senior Justice Department official called McCabe to express his disagreement with this decision, with McCabe reportedly asking, "Are you telling me that I need to shut down a validly predicated investigation?," to which the unnamed official replied, "Of course not."
Starting in July 2017, Trump repeatedly attacked McCabe in Twitter comments, suggesting that Sessions should dismiss McCabe, accusing him of conflicts because of his wife's campaign for state office, and taunting him about "racing the clock" until his retirement. In January 2018 it was reported that Attorney General Sessions had been pressuring FBI Director Wray to fire McCabe. However, Wray refused and reportedly threatened to resign if McCabe was removed.
The Nunes memo, which alleges improper activities in seeking a warrant to surveil former Trump associate Carter Page, asserts that McCabe "testified before the [House Intelligence] Committee in December 2017 that no surveillance warrant would have been sought from the FISC without the Steele dossier," a document many Trump supporters insist is completely false. However, McCabe's testimony was in classified session and no public transcript is available to confirm the Nunes memo assertion; disclosing contents of the classified testimony would be unlawful. Democratic Representative Eric Swalwell, a member of the House Intelligence Committee, said the Nunes memo "seriously mischaracterizes the testimony of Deputy Director Andrew McCabe." The Nunes memo also asserts that a text message from Peter Strzok discusses "a meeting with Deputy Director McCabe to discuss an "insurance" policy against President Trump's election." However, The Wall Street Journal reported on December 18, 2017, that Strzok associates said the "insurance policy" meant the FBI continuing its investigation into possible collusion between Trump and Russians, in case Trump won the election.
Resignation and firing
After meeting with Director Wray concerning the OIG report and a possible demotion, McCabe announced on January 29, 2018, that he was stepping down as deputy director, effective immediately. He then went on paid leave until his scheduled retirement date of March 18, 2018, his 50th birthday, at which point he would be eligible for a retirement pension. McCabe did not lose his entire pension.
On March 1, 2018, the New York Times and Washington Post, citing persons familiar with an investigation by Michael E. Horowitz, the Justice Department inspector general, reported that the inspector general was preparing a report that would conclude that McCabe was "responsible for approving an improper media disclosure," specifically relating to an October 2016 Wall Street Journal article that reported on disagreements between the FBI and Justice Department over an investigation of the Clinton Foundation.
On March 14, 2018, the FBI's Office of Professional Responsibility, citing the inspector general's conclusions, recommended that McCabe be fired. Attorney General Sessions announced at 10 p.m. on Friday, March 16, 2018, that he was taking the recommendation and firing McCabe. He cited the inspector general's report, which had not yet been publicly released, saying that "Mr. McCabe had made an unauthorized disclosure to the news media and lacked candor - including under oath - on multiple occasions." McCabe told The New York Times, "The idea that I was dishonest is just wrong. This is part of an effort to discredit me as a witness." McCabe was dismissed less than two days before he would have collected a full early pension for his FBI career. He may have to wait until age 57–62 to begin collecting pension benefits. Trump immediately celebrated on Twitter, saying "Andrew McCabe FIRED, a great day for the hard working men and women of the FBI - A great day for Democracy."
On March 17, Democratic Congressman Mark Pocan of Wisconsin offered McCabe a security post in his congressional office. With McCabe short by two days of work for a federal agency to receive his benefits, Pocan said that "Andrew McCabe's firing makes it clear that President Trump is doing everything he can to discredit the FBI and undermine the Special Counsel's investigation" and described his job offer as a "legitimate offer to work on election security". Massachusetts Democratic Congressman Seth Moulton was also reported to be considering offering McCabe a position in his office.
On March 21, 2018, FBI Director Christopher Wray stated that McCabe's firing was not politically influenced but done "by the book." Also on March 21, immediately after McCabe's firing, a parallel situation was noted and reported: that just as Jeff Sessions had fired McCabe for lacking "candor", McCabe had, nearly a year previous to his own firing, authorized a criminal investigation into "whether Sessions lacked candor when testifying before Congress about contacts with Russian operatives".
On April 13, the OIG report was released to Congress and obtained by the Associated Press, which then published it. McCabe issued a response to the report, disputing its conclusions. The report found that McCabe lied to or misled federal investigators at least four times, with three of these instances occurring while he was under oath. The report also stated that his approval of disclosures to the media was within his power, but was a policy violation because it was done "in a manner designed to advance his personal interests at the expense of Department leadership." McCabe's lawyer Michael R. Bromwich responded that the investigation and report had been politicized by pressure from Trump, and announced that McCabe intended to sue the Trump administration and senior officials for "wrongful termination, defamation, Constitutional violations and more". On April 19, 2018, it was reported that the Inspector General referred its findings from the report to the United States Attorney's Office in Washington D.C. for possible criminal charges associated with lying to FBI investigators.
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Mark F. Giuliano
| Deputy Director of the Federal Bureau of Investigation
| Director of the Federal Bureau of Investigation
Christopher A. Wray