A federal judge ruled fired FBI Deputy Director Andrew McCabe’s wrongful termination lawsuit against the Justice Department should be allowed to move toward discovery, rejecting the Trump administration’s efforts to dismiss the case brought by the key Russia investigation leader.

Judge Randolph Moss, who has served on the U.S. District Court for the District of Columbia since a 2014 nomination by then-President Barack Obama, issued a 45-page ruling on Thursday rejecting the Justice Department’s motion to dismiss McCabe’s lawsuit and moving it toward summary judgment. Moss argued that it was too soon to decide whether the government or McCabe was right, and therefore, the case should proceed for now.

“The Complaint asserts five claims based on alleged violations of the First Amendment and the due process clause of the Fifth Amendment,” Moss wrote. “Defendants move to dismiss, in part, for lack of subject matter jurisdiction and, in part, for failure to state a claim upon which relief can be granted and move, in the alternative, for summary judgment, in part. In Defendants’ view, the Court lacks jurisdiction over Plaintiffs’ statutory and regulatory claims, while his constitutional claims fail on both the law and the facts. Most significantly, Defendants contend that Plaintiff was not fired because of his perceived political affiliation, vote in the 2016 presidential election, or refusal to pledge personal loyalty to the President but because he lacked candor (including under oath) in an investigation conducted by the FBI’s Inspection Division and the DOJ’s Office of Inspector General.”

Moss added: “In short, it is too early in the case to determine which, if either, of the parties’ competing versions of the relevant facts is correct. The Court will, accordingly, DENY Defendants’ motion and will set a schedule for discovery and further proceedings.” (Read more from “Judge Allows Andrew McCabe’s Wrongful Firing Lawsuit Against DOJ to Move Forward” HERE)

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United States Attorney for the District of Columbia Jessie K. Liu has recommended moving forward with charges for fired Deputy FBI Director Andrew McCabe after he lied under oath multiple times to federal investigators.

Last year McCabe was referred to the U.S. Attorney for criminal charges by the Department of Justice Inspector General Michael Horowitz. After a lengthy investigation, Horowitz found McCabe lied to FBI agents, Inspector General agents and improperly leaked sensitive information the media. At the time of that referral, McCabe’s lawyers were confident their client wouldn’t be pursued.

“We were advised of the referral within the past few weeks. Although we believe the referral is unjustified, the standard for an IG referral is very low,” McCabe’s attorney released in a statement at the time. “We have already met with staff members from the U.S. Attorney’s Office. We are confident that, unless there is inappropriate pressure from high levels of the Administration, the U.S. Attorney’s Office will conclude that it should decline to prosecute.”

From the IG report:

We found that, in a conversation with then-Director Comey shortly after the WSJ article was published, McCabe lacked candor when he told Comey, or made statements that led Comey to believe, that McCabe had not authorized the disclosure and did not know who did. This conduct violated FBI Offense Code 2.5 (Lack of Candor – No Oath).

(Read more from “The U.S. Attorney in DC Just Gave Andrew Mccabe Some Bad News” HERE)

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Former FBI Deputy Director Andrew McCabe has sued the Trump administration for what he calls his “unlawful” termination, arguing that his firing last year was the result of improper political interference by the president.

“It was Trump’s unconstitutional plan and scheme to discredit and remove DOJ and FBI employees who were deemed to be his partisan opponents because they were not politically loyal to him,” the complaint alleges.

Then-Attorney General Jeff Sessions dismissed McCabe in March 2018, only hours before his 50th birthday, when his full law enforcement pension would have vested. McCabe’s filing argues that he is “entitled to his full law enforcement pension and all other benefits, privileges, and rights currently being withheld.”

In explaining the firing in April 2018, the Justice Department cited a “lack of candor” in McCabe’s interviews with investigators looking into a 2016 media leak in the waning weeks of the presidential campaign. . .

McCabe has said those allegations were a pretext to get rid of him after months of abuse from President Trump, who had singled him out as a political scapegoat in the 2016 campaign. After McCabe’s dismissal, Trump wrote on Twitter that it was a “great day for the hard working men and women of the FBI.” (Read more from “Disgraced Former FBI Deputy Director: I’m Suing Trump” HERE)

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Former deputy FBI director Andrew McCabe was fired for lying to the FBI inspector general on multiple occasions, and faces potential legal trouble for his many abuses of power. But he’s still the leftwing media’s new darling, as he’s on a media tour to preempt any prosecution, and promote his new book—which he surely hopes will fund his pending legal troubles.

But poor McCabe can’t keep his story straight. McCabe was let go from the FBI for lying in March of 2018. Then, in September of last year, someone leaked to The New York Times that Deputy Attorney General Rod Rosenstein had sought to trap the president in a crime or attempt to remove the president, by proposing to wear a wire for his conversations with the president, and by attempting to recruit cabinet officials to invoke the 25th Amendment, respectively.

This was a hit on Rosenstein from someone who wanted to spread the blame away from himself or herself, and from someone in the FBI who sought to excuse his or her actions by pointing fingers at the Department of Justice (DOJ). That’s why many assumed it was McCabe and his people orchestrating this leak. . .

But then McCabe went in front of the cameras for his soft-ball “60 Minutes” interview. McCabe was asked about Rosenstein recruiting cabinet members to invoke the 25th Amendment, and Rosenstein offering to “wire-up.” McCabe proceeded to go into great detail to affirm the September 2018 New York Times story. All this, despite the Rosenstein issues not being included in McCabe’s book. . .

In other words, it is becoming obvious that McCabe is probably the leak orchestrator against Rosenstein, and has the inside view of an illegal and certainly improper plot on the president of the United States, undertaken by unelected intelligence officials who were all involved in abuses of power that occurred before, during, and after the 2016 election. (Read more from “Andrew McCabe Can’t Keep His Story Straight” HERE)

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