10:34, June 13 20 0 abajournal.com

2018-06-13 10:34:11
Boies Schiller lawyer sues for documents related to Andrew McCabe’s firing

A lawyer for Andrew McCabe filed a lawsuit on Tuesday to obtain documents related to the former deputy FBI director's firing in March.



The suit, filed in federal court in Washington, D.C., says the records are being sought “to vindicate Mr. McCabe’s rights and restore his good name.” The failure to proactively and publicly disclose the documents makes it impossible to evaluate claims related to the firing process, the suit says. The Associated Press, Politico, CBS News and NPR have stories.

Boies Schiller Flexner lawyer David Snyder is identified as the plaintiff, suing in his capacity as McCabe’s lawyer. The suit alleges violations of the Freedom of Information Act and the Administrative Procedure Act.

The defendants are the FBI, the U.S. Justice Department and the DOJ’s inspector general. The suit says the defendants have not disclosed the policies and procedures used to investigate and fire McCabe, even as they maintain they acted properly.

A report by the Justice Department’s inspector general concluded that McCabe lied to investigators under oath about whether he authorized a leak regarding an FBI probe involving the Clinton Foundation. The inspector general released the report in April and reportedly referred his findings to federal prosecutors to determine whether a prosecution is warranted.

Snyder’s suit says McCabe “denies that he engaged in any misconduct and asserts that the report—which relies on nonpublic ‘evidence’—is premised on material misstatements, mischaracterizations and omissions.” The suit also says McCabe had supported the appointment of a special counsel to investigate matters related to the 2016 presidential election.

The inspector general is expected to release another report on Thursday. It will examine the FBI’s handling of the investigation into former secretary of state Hillary Clinton’s use of a private server for emails.