Former FBI Deputy Director Andrew McCabe is seeking immunity from the Senate Judiciary Committee for his upcoming testimony on the Hillary Clinton email probe, CNN reported Tuesday.
"Under the terms of such a grant of use immunity, no testimony or other information provided by Mr. McCabe could be used against him in a criminal case," Michael Bromwich, McCabe's lawyer, wrote to Judiciary Chairman Chuck Grassley, in a letter obtained by CNN.
Grassley, the Iowa Republican, has set a hearing on how the FBI and Justice Department handled the Clinton probe for next week.
Attorney General Jeff Sessions fired McCabe in March over leaking classified information to the news media and not fully disclosing it to Justice Department investigators.
"Mr. McCabe is willing to testify, but because of the criminal referral, he must be afforded suitable legal protection," Bromwich wrote.
"This is a textbook case for granting use immunity.
"If this committee is unwilling or unable to obtain such an order, then Mr. McCabe will have to no choice but to invoke his Fifth Amendment privilege against self-incrimination," he said.
Senators could subpoena McCabe if he takes the Fifth or seek a contempt citation against him, among other measures.
Bromwich also said McCabe was willing to provide emails that "demonstrate that Mr. McCabe advised former Director [FBI Director James] Comey, in October 2016, that Mr. McCabe was working with FBI colleagues to correct inaccuracies before certain media stories were published."
Grassley wrote the FBI on Tuesday requesting that McCabe be released from a nondisclosure agreement that prevents him from providing the emails and other documents, according to the report.
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