McCabe Memo May Be More Obstruction of Justice Evidence

News  |  May 30, 2018

The New York Times reveals former acting FBI Director Andrew McCabe wrote a memo about James Comey's firing that he since has turned over to Special Counsel Robert Mueller

In the document, whose contents have not been previously reported, Mr. McCabe described a conversation at the Justice Department with the deputy attorney general, Rod J. Rosenstein, in the chaotic days last May after Mr. Comey’s abrupt firing. Mr. Rosenstein played a key role in the dismissal, writing a memo that rebuked Mr. Comey over his handling of an investigation into Hillary Clinton.

But in the meeting at the Justice Department, Mr. Rosenstein added a new detail: He said the president had originally asked him to reference Russia in his memo, the people familiar with the conversation said. Mr. Rosenstein did not elaborate on what Mr. Trump had wanted him to say.

To Mr. McCabe, that seemed like possible evidence that Mr. Comey’s firing was actually related to the F.B.I.’s investigation into the Trump campaign’s ties to Russia, and that Mr. Rosenstein helped provide a cover story by writing about the Clinton investigation.

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Mr. McCabe’s memo, one of several that he wrote, highlights the conflicting roles that Mr. Rosenstein plays in the case. He supervises the special counsel investigation and has told colleagues that protecting it is among his highest priorities. But many current and former law enforcement officials are suspicious of some of his other actions, including allowing some of Mr. Trump’s congressional allies to view crucial documents from the investigation.

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Mr. Rosenstein has consulted departmental ethics advisers about whether to recuse himself from the Russia investigation and has not done so.

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Mr. McCabe’s memo reflects the F.B.I.’s early efforts to discern Mr. Trump’s intentions in firing Mr. Comey, an effort that continues today. Mr. Trump and his advisers have issued conflicting and changing explanations for the termination.

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Mr. Rosenstein has said little about his strategy for dealing with the political crosswinds. But he has defended his memo about Mr. Comey. “I wrote it. I believe it. I stand by it,” he said in a statement last year. He added that it was never intended to “justify a for-cause termination.”

Recently, Rudolph W. Giuliani, the president’s lawyer, added a new explanation for Mr. Comey’s firing. He said Mr. Trump was upset that Mr. Comey would not publicly clear him in the Russia investigation.

“He fired Comey because Comey would not, among other things, say that he wasn’t a target of the investigation,” Mr. Giuliani said.

F.B.I. Official Wrote Secret Memo Fearing Trump Got a Cover Story for Comey Firing (NYT)