McCabe Seeks Immunity From Prosecution in Exchange For Testimony in Congressional Hearing
In a letter sent to Chairman Grassley Monday, Andrew McCabe’s attorney Michael Bromwich requested the Senate Judiciary Committee grant the former FBI official immunity from prosecution in exchange for testifying at next week’s Congressional hearing on the FBI’s handling of the Clinton investigation.
Chuck Grassley requested Andrew McCabe testify next week at a Congressional hearing on the FBI’s and DOJ’s (mis)handling of the Hillary Clinton email investigation.
In a 3 page letter to Chairman Grassley, McCabe’s attorney Michael Bromwich ironically complains about leaks from the DOJ doing damage to his client.
On page 2 of Bromwich’s letter, the lawyer argues destructive leaks about McCabe’s criminal referral by the IG have done damage to the former FBI Deputy Director.
Bromwich then states McCabe’s legal team requested an investigation into the DOJ’s source of leaks.
Oh the irony.
Excerpt of page 2 Bromwich to Grassley:
He [McCabe] has a credible and compelling story to tell. However, as the result of a stream of
leaks from the Department of Justice, it is now well-known that the OIG has made a
criminal referral to the United States Attorney’s Office for the District of Columbia. As
you know, the grounds for such a referral is the very low standard of “reasonable
grounds to believe there has been a violation of Federal criminal law.” 5 U.S.C. App. 3
§ 4(d). Even so, and even though Mr. McCabe committed no crime, these leaks have
forced us to acknowledge the criminal referral. And, unfortunately, the stream of leaks
has continued: As recently as last Thursday, additional leaks led to the reporting of
specific investigative steps allegedly taken by the United States Attorney’s Office in
response to the referral. We are outraged by these leaks and last Friday requested an
investigation by the Department of Justice’s Office of Professional Responsibility into
the source(s) of the leaks.
On page 3, Bromwich requests the Senate Judiciary Committee grant McCabe immunity from prosecution in exchange for his testimony because of his criminal referral. (screenshot below)
If McCabe is not granted immunity, he will invoke his 5th Amendment rights, continued Bromwich.
McCabe can invoke his 5th Amendment rights, however; this can prompt lawmakers to issue him a subpoena and ultimately threaten contempt charges.
Chairman Grassley responded to Bromwich’s letter stating he would consider granting McCabe immunity:
I am willing to discuss with the Ranking Member your
request that the Committee consider seeking a court order compelling you to testify under a grant
of immunity. However, under 18 U.S. Code § 6005, seeking such an order requires a two-thirds
vote of the Committee, and even if that were to occur, the Justice Department would then have a
formal opportunity to delay any testimony and attempt to persuade the Committee not to
proceed. Before even beginning to consider whether to initiate that process, the Committee
would need to know a lot more about the anticipated scope, nature, and extent of your
testimony. The Committee could then informally consult with the Department to solicit its views
before deciding whether to proceed formally.
Grassley also wrote a letter to the FBI on Tuesday requesting Andrew McCabe be released from a nondisclosure he signed that is blocking him from releasing emails and documents to the Committee.
The Senate Judiciary hearing will now take place on Monday, June 11th; it will be live-streamed for public viewing.
Sources are saying the IG report on the FBI’s 7th floor under Comey’s Directorship is absolutely damning and “worse than expected.”