Law Prof: Did McCabe Just Throw Comey Under The Bus For Perjury?

Fired FBI Deputy Director Andrew McCabe may have just thrown former FBI Director James Comey under the bus – perhaps intentionally.

Recall that McCabe was fired for, among other things, an “improper media disclosure.” In other words leaking. 

In a Saturday morning appearance on CNN with host Michael Smerconish, Constitutional law professor Jonathan Turley suggested that McCabe’s statement following his firing “immediately” raised a flag, which may lead to serious consequences for his former boss. McCabe’s statement reads in part: 

The OIG investigation has focused on information I chose to share with a reporter through my public affairs officer and a legal counselor. As Deputy Director, I was one of only a few people who had the authority to do that. It was not a secret, it took place over several days, and others, including the Director, were aware of the interaction with the reporter.

Turley notes “There was one line in the case statement last night that I immediately flagged. Because he said that he had authority to do this and he conferred with the director – the director at the time was James Comey.”

“Now, the problem there is that James Comey said under oath that he never leaked information and never approved a leak,” said Turley. “So, if the Inspector General believes this was a leak to the media, it raises serious questions about Comey’s previous testimony and could get him into serious trouble.”

This directly contradicts Comey’s statement under oath that “he never leaked information, and never approved a leak.” Turley continued. “So if the Inspector General believes this was a leak to the media, it raises serious questions about Comey’s previous testimony that could get him into serious trouble.”

Watch:

Law Professor Jonathan Turley: McCabe firing suggests Comey lied to Congress while under oath about ‘never leaking or approving a leak.’ pic.twitter.com/7y0z7qGZhe

— Josh Caplan (@joshdcaplan) March 17, 2018

Turley writes in The Hill:

McCabe is accused of misleading investigators about allegedly giving information to a former Wall Street Journal reporter about the investigation of Hillary Clinton and the Clinton family’s charitable foundation. McCabe asserts in his post-firing statement that he not only had authority to “share” that information to the media but did so with the knowledge of “the director.” The FBI director at the time was Comey. –The Hill

Turley continues:

If the “interaction” means leaking the information, then McCabe’s statement would seem to directly contradict statements Comey made in a May 2017 congressional hearing. Asked if he had “ever been an anonymous source in news reports about matters relating to the Trump investigation or the Clinton investigation” or whether he had “ever authorized someone else at the FBI to be an anonymous source in news reports about the Trump investigation or the Clinton investigation,” Comey replied “never” and “no.”

Former FBI Assistant Director Chris Swecker said on Friday that the upcoming OIG report will contain some “pure TNT,” whenever it comes out – which should shed more light on the FBI’s transgressions surrounding the 2016 U.S. election.

The timing of McCabe’s statement and Comey’s apparent perjury comes at an inconvenient time for the former FBI director, who’s selling $100 tickets to attend stops on his upcoming book tour to promote: “A Higher Loyalty: Truth, Lies, and Leadership.”

As Turley notes, “If he gave McCabe the green light for his “interaction,” the title could prove embarrassingly ironic.”