Prosecutors interview Comey as they consider whether to charge McCabe

Investigators from the District of Columbia U.S. Attorney's Office recently interviewed former FBI director James Comey as part of a probe into whether his deputy, Andrew McCabe, broke the law by lying to federal agents - an indication the office is seriously considering whether McCabe should be charged with a crime, a person familiar with the matter said.

Justice Department Inspector General Michael Horowitz accused McCabe in April of misleading investigators and Comey four times - three of them under oath - about authorizing a disclosure to the media. Horowitz referred the findings to the District's U.S. Attorney's Office to determine whether criminal charges were warranted.

Lying to federal investigators can carry a five-year prison sentence, though McCabe disputes that he intentionally misled anyone. Comey's interview, while significant, does not indicate prosecutors have reached any conclusions, and people familiar with the process said it is not surprising given the allegations McCabe faces. A referral from the inspector general does not guarantee charges will be filed.

Michael Bromwich, McCabe's lawyer, said in a statement: "A little more than a month ago, we confirmed that we had been advised that a criminal referral to the U.S. Attorney's Office had been made regarding Mr. McCabe. We said at that time that we were confident that, unless there is inappropriate pressure from high levels of the Administration, the U.S. Attorney's Office would conclude that it should decline to prosecute. Our view has not changed."

He added that "leaks concerning specific investigative steps the US Attorney's Office has allegedly taken are extremely disturbing."

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