Federal prosecutors are deciding whether to indict former FBI Deputy Director Andrew McCabe for lying to federal agents regarding the investigation of the Clinton Foundation — and the testimony of his former special counsel, Lisa Page, could damage the government's case.
McCabe's lawyers met with the deputy attorney general, Jeffrey Rosen, and with the U.S. attorney for the District of Columbia, Jessie Liu, The New York Times reported Monday, based on information from "a person familiar with the meetings."
The Times added, "the person would not detail the discussions, but defense lawyers typically meet with top law enforcement officials to try to persuade them not to indict their client if they failed to get line prosecutors to drop the case."
McCabe, 51, was fired last year by former Attorney General Jeff Sessions two days before retirement eligibility, citing the unauthorized release of information to The Wall Street Journal and for not being forthcoming with Justice Department investigators in how the FBI handled the Clinton inquiry.
The Journal had published the story Oct. 20, 2016.
However, one of the witnesses testifying before the McCabe grand jury is Page, who worked as his special counsel at the FBI and who later became known for exchanging negative texts about Republican candidate Donald Trump with another top FBI official, Peter Strzok, during the 2016 campaign.
Page and Strzok, who were having an affair, worked on Russia special counsel Robert Mueller's team.
Page resigned in May 2018 and Mueller fired Strzok that August. He has since sued the FBI and the Justice Department over the termination.
McCabe authorized Page to speak to The Wall Street Journal reporter about the Clinton probe, but he twice told investigators he did not remember doing so. He later corrected himself.
But Page's grand jury testimony could exonerate McCabe, the Times reports.
She testified McCabe had no motive to lie to federal officials because he was authorized as the FBI's deputy director to share the information with the Journal.
"Her assertion could be damaging for prosecutors, who would have to prove that Mr. McCabe knowingly and intentionally lied to investigators," according to the Times.
McCabe has since been hired as a CNN contributor, a move slammed by now-President Trump and others because of McCabe's role in continuing news events.
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