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Giuliani: ‘If we have equal justice under the law, McCabe and Comey must be prosecuted’ for Spygate (Video)

By Jon Dougherty

(NationalSentinel) Presidential counselor and former federal prosecutor Rudy Giuliani said Thursday that if the United States is to have “equal justice under the law” for the power elite and average Americans, it is imperative that fired FBI Director James Comey and his deputy, Andrew McCabe, be prosecuted for their alleged criminal activities related to the “Spygate” scandal.

“If we have equal justice under the law McCabe has to be prosecuted. And so does Comey,” Giuliani told Fox News’ Laura Ingraham during an interview.

“The fact is that Andrew McCabe disgraced the FBI, first of all by leaking FBI agents. By the way you’re not supposed to leak,” Giuliani continued.



The former NYC mayor also pointed out that he thought “this is the beginning of investigating and bringing out the real crimes that took place here, which is honestly what appears to be an emerging conspiracy to frame Donald Trump.”.

“You can’t prosecute other false statement cases or perjury cases just because they’re Democrats or they were helping Hillary, it doesn’t give them immunity from the law,” Giuliani said, adding that such actions should not and cannot be based on politics.

Giuliani’s comments come after a report Thursday afternoon that the U.S. Attorney for the District of Columbia, Jessie K. Liu, has recommended the government move forward with charges against McCabe for lying under oath several times to federal investigators.

Last year, the Department of Justice Inspector General, Michael Horowitz, made a criminal referral to the U.S. Attorney for the District of Columbia to charge McCabe.

CNN‘s Pamela Browne was the first to report the news, according to a tweet sent by a colleague, Laura Jarrett.

“The Justice Dept’s Inspector General sent a criminal referral regarding Former FBI Deputy Director Andrew McCabe to the US attorney office in DC @PamelaBrownCNN reports acccording to source familiar; spox for McCabe, DOJ and US atty not commenting,” Jarrett tweeted.

After a long investigation, Horowitz found that McCabe lied to FBI agents, IG agents, and also improperly leaked sensitive data to the media. When the referral was made, McCabe’s lawyers expressed confidence that their client would not be charged.

The IG report noted:

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).

We also found that on May 9, 2017, when questioned under oath by FBI agents from INSD, McCabe lacked candor when he told the agents that he had not authorized the disclosure to the WSJ and did not know who did.  This conduct violated FBI Offense Code 2.6 (Lack of Candor –  Under Oath).

We further found that on July 28, 2017, when questioned under oath by the OIG in a recorded interview, McCabe lacked candor when he stated: (a) that he was not aware of Special Counsel having been authorized to speak to reporters around October 30 and (b) that,  because he was not in Washington, D.C., on October 27 and 28, 2016, he was unable to say where Special Counsel was or what she was doing at that time.  This conduct violated FBI Offense Code 2.6 (Lack of Candor – Under Oath).

We additionally found that on November 29, 2017, when questioned under oath by the OIG in a recorded interview during which he contradicted his prior statements by acknowledging that he had authorized the disclosure to the WSJ, McCabe lacked candor when he: (a) stated that he told Comey on October 31, 2016, that he had authorized the disclosure to the WSJ; (b) denied telling INSD agents on May 9 that he had not authorized the disclosure to the WSJ about the PADAG call; and (c) asserted that INSD’s questioning of him on May 9 about the October 30 WSJ article occurred at the end of an unrelated meeting when one of the INSD agents pulled him aside and asked him one or two questions about the article. This conduct violated FBI Offense Code 2.6 (Lack of Candor –   Under Oath).

Lastly, we determined that as Deputy Director, McCabe was authorized to disclose the existence of the CF Investigation publicly if such a disclosure fell within the “public interest” exception in applicable FBI and DOJ policies generally prohibiting such a disclosure of an ongoing investigation.  

However, we concluded that McCabe’s decision to confirm the existence of the CF Investigation through an anonymously sourced quote, recounting the content of a phone call with a senior Department official in a manner designed to advance his personal interests at the expense of Department leadership, was clearly not within the public interest exception.  We therefore concluded that McCabe’s disclosure of the existence of an ongoing investigation in this manner violated the FBI’s and the Department’s media policy and constituted misconduct.

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The Washington Post confirmed CNN’s report from last year.

As for Comey, John Solomon of The Hill reported that fired FBI Director James Comey is going to skate for leaking classified memos to the media.

Specifically, Solomon reports that Justice Department Inspector General Michael Horowitz, whose report on FBI/DoJ/Obama admin malfeasance has been pushed back to September, referred Comey to the Justice Department for prosecution over the leaked memos, but prosecutors are declining to pursue them.

However, during a subsequent interview with Fox News, Solomon noted of Comey:

He’s got a day of reckoning coming, but there is more coming ahead…The more important thing to watch is the ongoing investigation by Bill Barr and what we know about the FISA [application]. They are learning some very troubling information about the FISA process and everyone involved remains under significant scrutiny…

The AG is looking at the possibilities. Can I win this case in New York and if I lose this case in New York, what message does it send that a leaking FBI director got off? If there’s a better case to be made against James Comey, patience is sometimes the better part of prudence.

I think AG Barr and John Durham will be judged on the final product. When Barr, Durham and Horowitz get done, what’s the final outcome?

Watch:

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