Why Did the FBI Drop the McCabe Case?

The Justice Department announced Friday that it was declining to prosecute former FBI Deputy Director Andrew McCabe for lying to inspector general investigators over his unauthorized leak to the press regarding the FBI’s Hillary Clinton email investigation back in 2016. In light of the DOJ’s aggressive prosecution and subsequent conviction of both former National Security Advisor Michael Flynn and former Trump campaign member George Papadopoulos for lying, the decision wafts the pungent odor of a politically based double standard.

As National Review’s Andrew McCarthy observes, “The FBI’s former deputy director, though he undeniably misled investigators, remains a commentator at CNN. In the meantime, Papadopoulos is a felon convicted and briefly imprisoned for misleading investigators, while Flynn and Stone are awaiting sentencing on their false-statements charges. That covers both tiers of our justice system.”

So, why did the DOJ make this decision? Well, it appears to have boiled down to a question of winnability. As unsatisfying as that answer may be, the most unsatisfying answer of all may be that we may never fully know why. That said, there are some indications as to why the DOJ made this decision, and it wasn’t necessarily because of some deep-state cover-up.

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