A criminal investigation in search of clarity

Robert Mueller may have the same longing after the termination of FBI deputy director Andrew McCabe, whose alleged misconduct involved the same acts that led the special counsel to indict figures like former National Security Adviser Michael Flynn, George Papadopoulos, Rick Gates and Alex van der Zwaan. If McCabe did lie to investigators, the question is whether a lack of clarity will lead to a troubling lack of consistency in the interpretation of the criminal code.

The inspector general at the Justice Department questioned McCabe about the leaking of information to the media during the investigation of the Clinton Foundation. According to reports, the investigators concluded that McCabe misled them on his role as the source of sensitive information given to the Wall Street Journal.

If McCabe is not indicted, Mueller may miss the clarity of his earlier indictments. And it may get worse. As discussed in an earlier column, McCabe indicated that he informed Comey of his “interaction” with the Wall Street Journal. However, Comey previously denied that he ever leaked information or approved such leaks by others. If the inspector general considered McCabe a leaker, it would implicate Comey, who is a key witness for Mueller, in not just the same leak but false statements to Congress. Not only would it make it difficult to call Comey as a witness, it could lead some cooperating witnesses like Flynn to question the veracity behind their plea agreements.

There may be distinctions to draw between the statements made by McCabe and defendants like Flynn. But they, and the public, deserve an explanation from someone and maybe even a modicum of clarity on what constitutes a crime in these investigations.

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TalkRadio said:

A criminal investigation in search of clarity

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Hypoxia said:

"Ev'rybody calls me Cleopatra
Because I am de queen of de Nile."

The hounds are closing. Keep telling yourself otherwise.

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