February 17, 2020

There’s an old saying that in our justice system, “you can indict a ham sandwich.” But after the recent decision at the Department of Justice not to prosecute former deputy FBI Director Andrew McCabe for lying, we’re seeing that for this saying to be true, there has to be one caveat: “...UNLESS the ham sandwich is part of the anti-Trump swamp.” In that case, the sandwich will remain unindicted and will walk free, to be picked up by CNN or MSNBC, where it will be hired as a paid contributor.

The decision not to indict didn’t come from Attorney General Bill Barr. The U.S. Attorney for Washington, DC, sent a letter to McCabe’s lawyer saying he wouldn’t face prosecution over the leaks and related lies. Clearly, McCabe did lie about his role in the leak to reporter Devlin Barrett, then at the WALL STREET JOURNAL, and lied some more to try to cover himself. IG Michael Horowitz’s report was blistering in its account of McCabe’s repeated lying. Legal expert Andrew McCarthy has a new piece in NATIONAL REVIEW, “Why Wasn’t Andrew McCabe Charged?” (link below) laying out the lies he told about a leak he authorized concerning the existence of an FBI investigation into the Clinton Foundation –- a bogus investigation, I would add, but that’s another issue –- and explaining what factors might have been involved in the decision, finally, not to charge McCabe. Compare this decision with the full-speed-ahead indictments against George Papadopoulos and Michael Flynn, and it’s easy to see the two-tier justice system at work.

The tweet sent by Lisa Page on the announcement that McCabe wouldn’t be charged says it all.

There she is, smiling broadly in a sunny restaurant window, raising her glass of sparkling red wine in a toast to her colleague, Andy. She’s wearing a t-shirt that says “I am done being quiet.” The caption: “Cheers, Andy.” The irony is huge, as McCarthy says she is key to McCabe’s defense, having reportedly told the grand jury that since McCabe had the authority to approve media “disclosures” (leaks), he had no reason to lie about authorizing this one. McCarthy finds this assertion laughable, as McCabe was “serially misleading investigators” (repeatedly lying to investigators) so plainly that he had to have had a reason. Also, the IG found that he had orchestrated this leak for purposes of “self-promotion,” not the public interest, and that he had done this by making his superiors at the DOJ look bad. (Well, there’s something he could be, and was, fired for!)

It’s interesting that Page is so supportive of her colleague, as McCabe’s lies originally cast suspicion on her as the source of the leak. Chuck Ross at the DAILY CALLER has a good overview...

Page’s grand jury testimony made prosecution of McCabe more difficult, at least in McCarthy’s analysis. “It’s tough to win a case when your witnesses are spinning for the defendant,” he says. I’d say this is especially problematic when your case is in Washington, DC, with a grand jury almost certainly infected with Trump-hate. How is it possible to win a conviction when you can’t even get an indictment from people who are automatically biased in favor of the accused?

Do you remember why McCabe lied in the first place? There was an internal conflict at the Bureau about the (purported) Clinton Foundation probe, stemming from the Obama DOJ pressuring the FBI to just drop it –- obviously part of their comprehensive efforts to rig the election for Hillary. About two weeks before the election, McCabe was the subject of a critical article by then-WSJ reporter Barrett that questioned –- with good reason, I’d add –- his fitness to lead an investigation into Hillary Clinton, as his wife had received a mind-bogglingly huge campaign contribution in her unsuccessful race for state senator from Clinton crony and then-Virginia Gov. Terry McAuliffe. McCabe got ticked off about the article and responded by authorizing a leak to Barrett, apparently crafted to paint himself as independent, not under the thumb of his superiors. The DOJ, in turn, were aghast about any investigation into the Clinton Foundation being discussed publicly two weeks before Hillary’s intended coronation---I mean election.

Here’s a great “refresher” on the details from McCarthy, written at the time Horowitz referred McCabe for possible criminal prosecution.

And here’s the new piece, detailing McCabe’s sequence of lies as he kept deepening the hole he’d dug for himself. At the same time, it tempers the certainty of McCabe’s deception with the challenges of prosecuting him before an anti-Trump DC jury. His attorneys would surely argue he was being prosecuted for being at odds with a President they (the jurors) can’t stand. They’d identify with McCabe and feel bad for him. That’s one reason why we have such a blatant two-tier justice system in Washington, DC.

Why Wasn’t Andrew McCabe Charged? | National Review

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Comments 1-25 of 32

  • Marilyn Oufnac

    02/18/2020 02:30 PM

    Really, REALLY disappointed he is not being prosecuted. Does anyone in DC prosecute anyone who has REALLY done wrong? They are down General Flynn's throat for the same thing McCabe and Comey and Clapper did, but none of them will be prosecuted? Holding my breath for the Dunham report. No wrongdoing will ever stop in DC if someone in the Justice Dept. starts prosecuting these swamp critters!

  • m

    02/18/2020 10:29 AM

    I am hoping that Barr's non action is a precursor to IG Michael Horowitz’s Report that may include criminal charges. Having 2 actions at once could diminish their impact. I can only hope!

  • Patricia Reffo

    02/18/2020 07:58 AM

    Here's some information that I thought you would be interested in, Governor Huckabee .... it's a revelation -- simple yet profound -- that gives Scriptural understanding to the insanity that you reference in your newsletters. Here's the link:
    Thank you for your valuable insight on our "perilous times ....

  • Suzanne Bullock

    02/17/2020 09:53 PM

    If this is true, "this is especially problematic when your case is in Washington, DC, with a grand jury almost certainly infected with Trump-hate. How is it possible to win a conviction when you can’t even get an indictment from people who are automatically biased in favor of the accused?"
    and if the indictment cannot be taken to another jurisdiction then
    1) the swamp cannot be drained and
    2) justice no longer exists in America.
    That makes liars of those who either hint at or promise either or both.
    And that makes them just as much swamp denizens as O***a or C*****n or M****e or any of the rest.

  • Kay DeWitt

    02/17/2020 08:39 PM

    The corruption is endless...One more time I ask....were there not people who SAW this corruption...and prejudice....for what it was and SEEING it for what it was, was there no one who felt inclined to EXPOSE it for what it was?

    Was there no Christian who was involved with McCabe who was grieved enough over his "sin" to give him a prophet warning that, if he didn't repent of his sin, God would exposed him?

  • Wesley G. Vaughn

    02/17/2020 07:48 PM

    Maybe Trump supporters should thank McCabe for the leak which helped ice Hillary's slide, even though that was not the intent. How strange the way things work out, like an Old Testament story of enemies killing each other.

  • Randall Fain

    02/17/2020 07:09 PM

    Great article Governor. Still would have like McCabe prosecuted to the fullest extent of the law. A two tier justice system has to stop. I truly believe all hell is about to break out before or after the the election. I pray not but the Lord is in control. I am not a bible scholar by no means but I believe the 4th seal has been open.
    Take care and say to Janet from Betty and I.
    Keep up the great work. I need to say that more often to you.
    Blessings Governor,

  • Fiorella Weaver

    02/17/2020 06:44 PM

    It's good to remember that all real Christians serve at the pleasure of the King of kings and Lord of lords.

  • Robert Johnson

    02/17/2020 06:14 PM

    well, Andy, The Justice Department may have decided NOT to indict one of their own. Please do not think that there are MILLIONS of Americans that know you are guilty and the day will come when you will answer for your deeds against our Country. We do feel sad that you have no remorse. BUT, that will only make justice that much sweeter.

  • Barbara Moore

    02/17/2020 06:10 PM

    Off topic Mike but what is the “New Way Forward Act” all about? Is it for real? Why has the media not reported on it? ( said we don’t already know ) Do we need to be raising cane with our legislators or can we count on the Republican Party to squash this and let the country know what was proposed by the Demorats? If this is real then they really would rather bring this country to an end the way we know it, than to give up their power.

  • Andrea Wilson

    02/17/2020 05:14 PM

    This is just a general comment about the Democratic Party. I feel, at this point, the leadership of the party is acting just like the devil does. He attacks Christians daily, which is why we have to stay renewed and "prayed up" all the time. The Democrats will not ever concede to President Trump and will "bug" him until he is out of office. We must never stop praying for our country until we die or get raptured!


  • Linda Black

    02/17/2020 03:49 PM

    There is no way on this earth any democrat in the bureaucracy in Washington, D.C. can ever be indicted and brought to trial for a crime or any wrong doing. There are so many evildoers throughout the government who will protect even the most obviously guilty of their cronies so it doesn't matter if you try to drain the swamp because they'll find a way to plug the drains.
    Does D.C. actually stand for Democrat Corruption?

  • LouiseCA

    02/17/2020 03:11 PM

    Sadly, there is no longer real justice in this country.

  • Firewagon

    02/17/2020 02:52 PM

    “I am done being quiet.” LOL! Well, maybe NOT so much. ‘We The Serfs’ have been QUIET way too long. How is it possible that WE allow this idiocy of ONE WAY JUSTICE, or better, NO JUSTICE for those “We” hire? What will it be ‘Anarchy’ or Civil War?

  • John Hawkins

    02/17/2020 02:06 PM

    This can't stand! If people at the top aren't sent to jail for breaking the laws they are supposed to enforce than our country is destined to fail. We may see true anarchy followed by civil war in our lifetimes. Have you read "The Fourth Turning" by Strauss & Howe?

  • Michael

    02/17/2020 01:53 PM

    Two-tier blatant justice system is almost an understatement! And it isn't just about that phony lying smug McCabe. It includes Hillary Clinton,Obama, Eric Holder, Loretta Lynch, James Comey, Brennan and many more who's lying and crimes were just overlooked or swept under the rug. No wonder that the law abiding and respectors of the rule of law are disgusted and angry with the lack of justice and accountability by all the above named crooks and many more. And it is not President Trump's fault as he inherited the Deep State Swamp that has existed for decades but increased under Obama. Hopefully seeing the Democrats for what they are with all their hate for our President and all they have gotten away with, it should light a fire under law abiding #Americans to go to the polls in November and vote for no Democrats anywhere in any election!

  • Sue Breslin

    02/17/2020 01:23 PM

    It's so blatantly hypocritical. I honestly believe the 'swampers' are deliberately pushing this country towards a revolution, but what 'they' don't understand, is that it will NOT be in their favor. The American people will push them out, once and for all.

  • Sarah Ellington

    02/17/2020 12:47 PM

    Who in Justice Dept said there would be no charges for McCabe

  • Aline Oary

    02/17/2020 12:17 PM

    Better to let him slide on lying now and get him for treason later. Which is the bigger penalty? Treason of course.

  • James Hoppe

    02/17/2020 12:02 PM

    It is becoming MOST DIFFICULT to ever hope that there will be true justice in any part of Washington Congress....FBI.....DOJ...etc etc. We've know for three years the exact felonies
    that have been carried out by numerous government employees....and ALL felons are not
    treated the same!!!!!!!!!! I'll give Barr the rest of 2020....and then if no justice is done...totally
    give up on all of DC!

    I've read Secret Empires....and with all the corruption documented....yet none of those
    cited have had to face any accountability!!! Why isn't the info cited on Marty Nesbitt outed??
    Obama and Clinton are totally insulted from the media and can continue on with their corruption. Sad.......

  • Kevin Cooper

    02/17/2020 11:57 AM

    The stench of bias and the rot of favoritism is stinking up our government. When everything has to go through lawyers, and not patriots, well, let's just say it doesn't bode well for the future.

  • Chuck Breedlove

    02/17/2020 11:49 AM

    Question: If John Durham's investigation results in criminal charges by a Grand Jury, can McCabe be held accountable that way???

  • Victor Van Tress

    02/17/2020 11:38 AM

    I think "The Swamp" doesn't hate President Trump at all. I think they are terrified of him. The media hates him because he called them out for their lies and bias they promote. But those in the Swamp (and their Son's and Brothers) are truly scared. IMHO

  • Margie Babik

    02/17/2020 11:19 AM

    I have lost total faith in our justice system. None of the corrupt and evil democrats will ever be put in jail even though the whole country knows that they are guilty as sin. So sad, too bad.

  • Paul Schaller

    02/17/2020 11:18 AM

    Don’t be silly, the uproar about Bill Barr and POTUS isn’t about Andy McCabe or Roger Stone, it’s a first play by Dems on the next major confrontation after the failed impeachment scrum. The long game and the next major battle is with Durham and the indictments that may flow from the AG office which have real teeth and consequences (let’s hope) for those that perpetrated much of the diversionary angst over the last 3 years. The idea that there might actually be legal consequences for their malfeasance is unfathomable to the deep state and the FBI (and other) bureaucrats when they are just trying to protect the US from an outlaw President who wants to change their globalist, socialist and bureaucrat controlled government expansion. Durham’s findings should scare the heck out of them and hopefully there’s enough courage in the DOJ to prosecute to the maximum of our legal system. The fear of conservatives is that, yet again, we’ll be watching them all go scott-free and standing up on CNN etal. and lauding their efforts and victories. The DOJ needs to get to the bottom of things as Bill Barr said and the conservatives need to have him follow through. The biggest need is for flippers who can reveal what really went on in the room and how this attempted coup started and was promoted. Someone like Rod Rosenstein.......