Andrew McCabe withdraws his lawsuit against the Department of Justice
Do you think it is a coincidence that as soon as the news broke that a criminal investigation of the origins of the surveillance of the Trump campaign was underway, Andrew McCabe withdrew his lawsuit against the Department of Justice and the FBI?
It might be sheer random coincidence, of course, but maybe McCabe has bigger fish to fry when it comes to the courts. Roger Luchs offers an interesting perspective:
Here's the interesting question: Did he dismiss it because concluded it's a loser, especially in light of anticipated indictment — or did he(his attorneys) conclude his suit waived his 5th Amendment rights? By dismissal with consent, without prejudice, does that waiver go away? If so, it might mean he expects to be indicted.
Mark Levin last night said he'd been offered plea deal — and turned it down. So makes sense to dismiss suit to preserve waiver, which I suspect dismissal in this fashion likely does[.]
Here is the tweet from Mark Levin's producer, about the offer of a plea deal:
“Andrew McCabe was offered a pre-indictment plea agreement and turned it down. So US attorney Durham has impaneled a grand jury...John Brennan and James Clapper should be put under oath and questioned too.” — @marklevinshow— Rich Valdes 🇺🇸 (@RichValdes) October 25, 2019
In case you have forgotten substance of the lawsuit launched back when McCabe was posing a righteous crusader, here is Politico's account:
Former FBI Deputy Director Andrew McCabe filed suit Thursday [August 8, 2019] against the FBI and Justice Department, claiming that his March 2018 ouster — on the day he planned to retire after a 21-year career — was politically motivated retaliation driven by President Donald Trump, who was angry at McCabe's role in the investigation of his campaign's links to Russia.
"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," according to McCabe's lawsuit. "Plaintiff's termination was a critical element of Trump's plan and scheme."
The news that McCabe is walking away broke late Friday afternoon, the classic time for burying news.
You can see the entire "stipulation of dismissal" here, but this is the essence:
I'd call this skulking away. And a pretty good sign that McCabe expects to be, or already has been, indicted.