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As DOJ Decision on Whether to Charge Andrew McCabe Nears, Lisa Page’s Testimony Looms Large


CNN’s newest contributor, fired deputy FBI director Andrew McCabe, is reportedly close to learning whether or not the Department of Justice will indict him for allegedly lying to federal agents about disclosures he made to a Wall Street Journal reporter about the FBI’s investigation into the Clinton Foundation. Interestingly, the testimony of former FBI lawyer Lisa Pageyes, that Lisa Page--is being cited as potentially “damaging” for prosecutors’ case.

The New York Times reported on Monday that the decision-making process about a potential McCabe indictment is the “final stages,” and U.S. Attorney General William Barr’s Deputy Attorney General Jeffrey Rosen is “expected to be involved” in that decision.

You may remember that the Office of the Inspector General (OIG) released a 39-page report that concluded McCabe “lacked candor,” or “knowingly provid[ed] false information in a verbal or written statement.” The OIG said McCabe lacked candor when he told or led then-FBI Director James Comey to believe that he didn’t authorize the disclosure about the Clinton Foundation investigation. and didn’t know who did. The report also said McCabe lacked candor on May 9, 2017, when he was questioned under oath about the leak. During that interview, McCabe again said he didn’t authorize the disclosure and didn’t know who did.

OIG said that McCabe “lacked candor” on at least four documentable occasions.

Lisa Page has been identified as a key witness in a grand jury investigation of the leak. Remarkably, the Times suggested that Page’s testimony in this area may end up undercutting the case of the prosecution:

Among the witnesses called before the grand jury was Lisa Page, who worked closely for Mr. McCabe at the F.B.I. as his special counsel and later gained notoriety for text messages she exchanged with another F.B.I. official disparaging Mr. Trump. Mr. McCabe had authorized Ms. Page to speak with the Wall Street Journal reporter, but he told investigators on two occasions that he did not remember doing so. He later corrected himself.

Ms. Page told the grand jury that Mr. McCabe had no motive to lie to because he was authorized as the deputy F.B.I. director to share the information with the newspaper. Her assertion could be damaging for prosecutors, who would have to prove that Mr. McCabe knowingly and intentionally lied to investigators.

McCabe’s lawyers have attacked the aforementioned OIG report as “deeply flawed” in the past. The DOJ, the U.S. Attorney’s Office in D.C., Team McCabe, and Page’s lawyer did not comment on the case.

Aaron Keller contributed to this report.

[Image via Pete Marovich/Getty-Images]

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Matt Naham is the Senior A.M. Editor of Law&Crime.