McCabe's counsel presses US attorney on whether grand jury decided not to indict

Source: The Hill | September 13, 2019 | Olivia Beavers

Andrew McCabe’s counsel is pressing the Department of Justice (DOJ) on whether a grand jury has declined to bring charges against the former FBI deputy director, arguing such a move would cast doubt on the government’s case against him.

McCabe lawyer Michael Bromwich wrote a Thursday email to U.S. Attorney for the District of Columbia Jessie Liu citing coverage of the case from The New York Times and The Washington Post and questioning whether a grand jury had declined to vote on an indictment.

“We have no independent knowledge of whether the reporting is accurate but for present purposes we assume that the grand jury may have voted a no true bill,” Bromwich wrote, referring to a procedure to dismiss charges.

“The only fair and just result is for you to accept the grand jury’s decision and end these proceedings,” Bromwich argued in the email, a copy of which was obtained by The Hill.

Bromwich, pointing to federal rules governing criminal prosecution, asked Liu to request that the grand jury submit such a report to the court in the interest of transparency.

He also argued that the U.S. attorney should not resubmit the case to the grand jury or another grand jury, pointing to the time and resources given to this investigation.

“If the evidence presented by your office was insufficient to convince 12 members of the grand jury to find probable cause to believe that Mr. McCabe had committed any crimes, no attorney can reasonably believe that ‘the admissible evidence is sufficient to obtain a guilty verdict by an unbiased trier of fact,'” Bromwich argued. “If the grand jury voted not to approve charges, it did not find probable cause.”

McCabe’s lawyers weighed in after Liu recently recommended moving forward with charges against McCabe after the DOJ rejected an appeal from the former No. 2 FBI official.

The former top law enforcement official had pushed back on the prospect of charges after an internal DOJ watchdog concluded that he “lacked candor” with federal investigators, according to a source close to his legal team.


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