September 17, 2019

A couple of days ago, my commentary focused on former (fired) deputy FBI Director Andrew McCabe and what the leaking which led to his criminal investigation was really about: not Trump at all, but, surprisingly, Hillary. In bending over backwards to resuscitate his own image of “impartiality” (ha) after it was reported that his wife had received a huge Clinton-connected campaign donation, he ordered Lisa Page to leak that the Justice Department was telling the FBI to back off its investigation of the Clinton Foundation and that he was standing firm!

Oh, brother.

Anyway, leaking is leaking, or at least it’s supposed to be. But in the real world of Washington, DC, which is overwhelmingly Democrat, the question of whether McCabe was leaking something damaging on Donald Trump or Hillary Clinton probably makes a big difference. I find it interesting that so far, the only person involved in the “Trump/Russia” scandal who faces criminal indictment is in trouble for doing something damaging to HILLARY, not Trump.

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The case seems clear-cut. McCabe leaked and repeatedly lied about it. However, THE NEW YORK TIMES has just run a story saying that lawyers for McCabe sent a letter to prosecutors asking whether a secret grand jury had refused to indict him, “which,” the NYT said in its first paragraph, “would be a sign that the government is struggling to make a case against him.” Apparently a grand jury that was called on Thursday after a months-long break left for the day without any sign that they had returned an indictment. The same thing happened on Friday. “It is clear that no indictment was returned,” the lawyers wrote in their letter, which was surely intended as much for the public as it was for the prosecutors, to make the case look shaky.

Sure enough, the NYT played along…

Andrew McCabe Asks Justice Dept. Whether Grand Jury Rejected Charges

Of course, with the NYT being such a propaganda rag for the Democrats –- if you doubt me, look at what they just wrote about Justice Brett Kavanaugh –- you know they’d normally want McCabe to pay for making Hillary Clinton and Obama’s DOJ look suspect. But in this case, they must surely be torn, as McCabe and Trump have an intensely adversarial relationship (for good reason, given McCabe’s push to tie Trump with Russia), and, ultimately, the enemy of their enemy is most likely going to be their friend. That seems to have been the most important consideration here, as they apparently count McCabe as a friend and have obviously done the bidding of McCabe’s attorneys.

Andrew C. McCarthy has just written about this, and –- speaking of Justice Kavanaugh –- he points out that McCabe’s lead attorney, Michael Bromwich, was last seen representing none other than Christine Blasey Ford, Kavanaugh’s accuser during his nightmarish confirmation hearings. Bromwich’s letter to prosecutors said he’d been hearing “rumors from reporters” about the filing of a “no true bill,” which occurs when a grand jury votes not to indict.

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It’s through tactics such as this that lawyers get their stories out, just as Trump’s adversaries got the “dossier” story out. I’ll let McCarthy describe how it worked in this case: “While conceding that ‘he do[es] not know the specific basis for the rumors,’ Bromwich intuits that they must be reliable because the newspapers ran with the story. Mind you, neither the TIMES nor the POST claims to have been told by any grand jurors that they declined to indict McCabe, nor do they report hearing from any knowledgeable government official that a no true bill was voted. Nevertheless, McCabe’s legal team is demanding that the Justice Department disclose whether an indictment was declined and refrain from seeking an indictment in the future.”

See, this is how they forward their made-up narrative that the case against McCabe is crumbling. First, we have the media reports and “rumors” by willing accomplices, then the letter from Bromwich to prosecutors, then further media reports sparked by the letter, and around and around. This is what is meant by “circular reporting.” Just like the “dossier” story about Trump and Russia that McCabe and his colleagues were pushing, it’s actually built on nothing.

McCarthy goes on to say that there’s no reason to believe the grand jury has voted against indicting McCabe. Once his appeal had been rejected by U.S. Attorney Jesse Liu, indictment had seemed pretty much a foregone conclusion, so when it didn’t happen immediately after the grand jury reconvened last Thursday, McCabe’s lawyers jumped on this and sent the letter. But McCarthy says there’s no reason to assume McCabe’s indictment was even sought that day, let alone that the grand jury had said no.

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McCarthy says a “no true bill” from a grand jury is so rare that no competent prosecutor should ever get one. In his nearly 20 years as a prosecutor, it never happened to him. In cases the jury has problems with, there’s usually a dialogue in which the prosecutors address the jurors’ concerns. And it’s not a trial, in that they only need to find that there’s enough evidence for a trial, and the vote doesn’t have to be unanimous, just a majority of 12 out of 23. McCarthy finds it hard to believe that a jury would find insufficient probable cause to indict.

There are a lot of other variables. For example, we don’t know if McCabe’s false statements are the only matters the grand jury is examining. They might even be looking at related behavior by other suspects. Also, given that the release of the IG report is imminent and that U.S. Attorney John Durham is still investigating the origins of the FBI’s “Russia” probe, the Justice Department may have asked the court to seal any indictments made by the grand jury, so as not to prejudice –- or even appear to prejudice –- any of the cases going on. In other words, it’s possible that McCabe might already BE under indictment, but that it is under seal.

All in all, McCarthy says he can think of a dozen or more possible explanations for why an indictment of McCabe hasn’t been announced yet. Some of them are quite mundane.

It’s impossible to predict how this case will go –- and remember, this one has nothing to do with Trump or Russia –- but the idea of “no true bill” seems highly unlikely. You wouldn’t know that from reading THE NEW YORK TIMES, though. So unless you thrive on DNC talking points, contrived narrative and leftist spin, or you need something to line the bottom of your parrot cage, there’s no reason to waste your time with it.

Why It’s Unlikely the McCabe Grand Jury Voted against Indictment | National Review


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Comments 1-18 of 18

  • Steve Turman

    10/16/2019 10:55 AM

    Our Legislative side of government has turned into a Mickey Mouse cartoon. When Fancy Nancy said this is deadly serious, Mickey was the first thing I thought about, then I mused about Wiley C. Trying his best to get the road runner, oh well I Thought it amusing .May as well , a pleasant thought amidst the horrible situation. No one working just clowning around which I believe history is going to prove was a big mistake. Watching cartoons is a was of time! Get it, waste of time, resources.

  • Barry Ligus

    09/18/2019 02:27 PM

    He should be prosecuted, and when found guilty be give the option of 20 years in jail or 100 lashes in a public flogging.

  • rodney burke

    09/18/2019 12:40 PM

    Indicates who SCARED McCabe is. His attorneys if yuo want to call them that, are "trying to get ahead of the story" as Dan Bongino says without fact or knoweldge as usual. They want to dismiss the story and move on! Andy McCarthy who KNOWS the drill is saying "not so fast." The jig is up and McCabe is in so deep he cannot extricate himself from anything. hilary is linked to Trump, spying is linked to everything else. Sedition, treason, lying better known as perjury? McCabe needs a CAGE! In GITMO to set the example for the rest. But then this is like everything else the libs do. There is no evidence, they spew lies. this "lawyer" needs to spend some time in jail as well.

  • Helen Suzanne Tritt

    09/18/2019 09:54 AM

    This LOPSIDED JUSTICE SYSTEM infuriates me to no end! There is absolutely no justification for these hardened criminals not getting the punishment they DESERVE!!!! Disgusting!

  • Carl Smith

    09/17/2019 10:44 PM

    At the rate the NYT's going PETA is going to have to endorse euthanasia because they will not have enough PULP to line the cages. Might be the NYT's salvation if PETA BUYS a subscription for all the animals..

  • Julie Detlefsen

    09/17/2019 07:53 PM

    I THINK it is time for the American citizens to ask ALL politicians pushing to defame, remove and disgrace our President, to reimburse the tax payers for the enormous amounts of money spent on this Trump fiasco. This is a disgrace! I am sick of it. Everyday there is some loudmouth babbling on about made up issues and NOT taking care of the business they were elected to attend to. I wish someone would take this issue up and force the end of this nonsense. I believe in democracy. I do not believe that making up stories and then broadcasting them worldwide is ok. Liars should be punished. I beg that someone with enough clout will take on this challenge and make the people wasting our money pay up.

  • Mary Williams

    09/17/2019 06:27 PM

    Thank you Gov. Huckabee for this information. One thing I know and understand from thousands of other peoples opinion on the internet, if McCabe and Comey are not indicted for what they did the Rule Of Law in this country has been trashed, and most Americans will be very disappointed and angry. After all this time and the recommendations sent to the court filed for unlawful actions by McCabe it will be believed Laws do not exist for people who work in Government. These people went outside the Law in what they did, and act like nothing happened. It is a disgrace to the American people.

  • Joseph Needham

    09/17/2019 05:37 PM

    Why spend all this time and money investigating these people when nothing ever happens. If these players were Republicans, they would have been placed in the dungeon long ago!

  • William Patrick Monaghan

    09/17/2019 04:57 PM

    Dear Mr.Huckabee: You know and I know that not one thing will happen to this SLIME BALL because if he goes down the whole house of cards will fall and that is not going to happen.

  • Charles Teachout

    09/17/2019 04:28 PM

    Thank God for Mr. McCarthy! Thank God for you keeping an “eye” on things.


    09/17/2019 03:56 PM


  • Judith Grominger

    09/17/2019 03:16 PM

    I'm not at all surprised that Hillary is more in focus as the originator. In my view, after all has been investigated, all roads will lead to Hillary Clinton. Perhaps it will be true that justice will be served where there has been grave injustice after all.

  • Richard

    09/17/2019 02:32 PM

    Democrats are covering their butts like rats at a dump site
    They all should be sent to gitmo with their murdering buddies

  • rodney burke

    09/17/2019 02:20 PM

    rhetical question: Why should anyone give the NYT any story. I agree, it is becoming a tabloid and making no pretext of being a newspaper anymore. I think if we spent less time giving any creds to anything they say the better. It's become obvious, to me anyway, if the NYT says it, there isn't any truth to it. wait 24 to 48 hours and the story will be poked full of holes.

  • Bob Hawk

    09/17/2019 01:42 PM

    Is is very discouraging to ordinary people that those in the elite Washington circle never face criminal charges. Our Lord punished those that transgressed. Accountability is rare, and needs to return if Americans are to trust and obey those that govern.

  • Mark Mittelstaedt

    09/17/2019 01:30 PM

    Interesting that Switzerland has 0.1 gun crimes per 100,000 people, while the US has over 4 - and Switzerland requires all adult males to be proficient with a gun. Is it also possible that " well regulated ", with regards to militia in the 2nd Amendment, means...well trained ? just like in ...Switzerland ;-}

  • Amelia Little

    09/17/2019 01:16 PM

    Thanks for the article. I don't read any of the major newspapers (never have, and I'm 68) and it sure seems like this wouldn't be a good time to start!!! I do notice the 'headlines'--but again, don't read, even from conservative outlets that post on fb--because the person in the headline sometimes isn't even mentioned, and neither is whatever OMG scandal that it indicates.

    It seems prudent for grand juries, the AG and IG offices, etc be thorough in their investigations, and that takes time. But, in this day and age of wanting everything instantly, many are too impatient to wait. I'm trying to be very patient!!!

  • Fred Lutz

    09/17/2019 12:54 PM

    NYT has invented the self licking ice cream cone.