Justice Department attorneys say they are no longer arguing that public release of records about Andrew McCabe would interfere with an ongoing enforcement action
A change to the Justice Department’s legal stance in a suit related to former FBI deputy director Andrew McCabe is prompting fresh speculation about the mysterious state of the Justice Department’s effort to prosecute McCabe over alleged misstatements to investigators about his interactions with colleagues during the 2016 election.
In mid-September, prosecutors indicated to McCabe’s attorneys that the government planned to seek an indictment against the former senior FBI official in connection with the findings by Justice Department and FBI watchdogs that he misled them. On September 30, a federal judge overseeing a Freedom of Information Act lawsuit filed by the watchdog group Citizens for Responsibility and Ethics in Washington met privately with Justice Department attorneys and said officials needed to make a decision about how to proceed with potential charges against McCabe.
While McCabe is not a party to the FOIA suit, at the September hearing, Walton also said McCabe was entitled to some resolution. earlier this month as government lawyers sought to dismiss a civil suit McCabe filed over his dismissal, claiming that it violated longstanding policies and was tainted by political pressure from President Donald Trump.
In their court filing Wednesday, government lawyers asked the judge to withdraw his order that a prosecutor from the U.S. Attorney’s office be present at the Friday hearing to provide an update on the McCabe prosecution.
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