The legal team of McCabe blasted the Justice Department on Thursday amid news of a possible impeachment, classifying the former FBI deputy director's investigation as "fatally wrong" and calling for an investigation into possible leaks jurors.
McCabe was fired by the bureau last year for allegedly misleading investigators about his permission to leak to the media.
His attorneys Michael Bromwich and David Sherler said they spent the last week trying to get answers from the DOJ about the state of the investigation and claim they were met without information, despite what they saw as the noise of improper leaks to the media.
Bromwich and Shertler said they wanted an investigation into the leak, as well as an investigation into the public disclosure of an email they received from Deputy Attorney General Jeffrey Rosen, telling them that they wanted to appeal the U.S. Attorney's decision to indict Mackay. denied. Prosecutors investigating the case recommended that charges be filed, and McCabe's legal team appealed that decision to Rosen, who rejected it.
McKay's lawyers said on Thursday that more than a dozen reporters told them a big court hearing was held on September 1
"Reporters could only receive this information from officials in the US Department of Justice or the prosecutor's office and such leaks were prohibited by rules governing the high secrecy of jurors," McCabe's lawyers said.
Reporters told them that the next day the big hearing voted not to press charges against McCabe, they said, though "they had no idea if this was accurate information."
McCabe's attorneys said the DOJ did not email them until after noon in September. 12 that the DOJ dismissed their complaint and the content of that email had leaked to the media within half an hour.
"These leaks in violation of DOJ policy are particularly ironic, given that the whole predicate of false accusations against our client is permitted disclosure of information that it was ordered to be done in October 2016, ”McCabe's lawyers wrote.
Former FBI Deputy Director was fired in 2018 after Michael Horowitz, Secretary of Justice, issued a report detailing the numerous cases in which McCabe was "outspoken" with then-FBI Director James Comy and investigators and concluded that McCabe green disclosed to the media sensible information about the FBI investigation at the Clinton Foundation "in an attempt to make himself look good."
The DOJ did not immediately return a request for comment on Washington Examiner .
"What little information do we have from the news media," McCabe's lawyers said. "This is not how the Department we have served for decades has to deal with an investigation like this."
McCabe's lawyers urged the DOJ to terminate the investigation.
But Horowitz's report concludes that "evidence is material" that McCabe is misleading investigators "knowingly and intentionally" and that the DOJ supervisor stands by his report's findings while testifying before the House Oversight Committee Wednesday.
Mackay was probably also considered by Horowitz as part of his investigation into allegations of abuse of the Foreign Intelligence Surveillance Act.