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Judge allows Andrew McCabe's wrongful firing lawsuit against DOJ to move forward

Added 09-24-20 05:23:01pm EST - “A federal judge ruled fired FBI Deputy Director Andrew McCabe's wrongful termination lawsuit against the Justice Department should be allowed to move toward discovery, rejecting the Trump administration's efforts to dismiss the case…” - Washingtonexaminer.com

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Posted By TheNewsCommenter: From Washingtonexaminer.com: “Judge allows Andrew McCabe's wrongful firing lawsuit against DOJ to move forward”. Below is an excerpt from the article.

A federal judge ruled fired FBI Deputy Director Andrew McCabe’s wrongful termination lawsuit against the Justice Department should be allowed to move toward discovery, rejecting the Trump administration’s efforts to dismiss the case brought by the key Russia investigation leader.

Judge Randolph Moss, who has served on the U.S. District Court for the District of Columbia since a 2014 nomination by President Barack Obama, issued a 45-page ruling on Thursday rejecting the Justice Department’s motion to dismiss McCabe’s lawsuit and moving it toward summary judgment, with the Yale Law School graduate arguing that it was too soon to decide whether the government or McCabe was right, and thus that the case should proceed for now.

“The Complaint asserts five claims based on alleged violations of the First Amendment and the due process clause of the Fifth Amendment,” Moss wrote. “Defendants move to dismiss, in part, for lack of subject matter jurisdiction and, in part, for failure to state a claim upon which relief can be granted and move, in the alternative, for summary judgment, in part. In Defendants’ view, the Court lacks jurisdiction over Plaintiffs’ statutory and regulatory claims, while his constitutional claims fail on both the law and the facts. Most significantly, Defendants contend that Plaintiff was not fired because of his perceived political affiliation, vote in the 2016 presidential election, or refusal to pledge personal loyalty to the President but because he lacked candor (including under oath) in an investigation conducted by the FBI’s Inspection Division and the DOJ’s Office of Inspector General.”

Moss added: “In short, it is too early in the case to determine which, if either, of the parties’ competing versions of the relevant facts is correct. The Court will, accordingly, DENY Defendants’ motion and will set a schedule for discovery and further proceedings.”

DOJ Inspector General Michael Horowitz released a report in 2018 detailing multiple instances in which McCabe “lacked candor” with FBI Director James Comey, FBI investigators, and inspector general investigators about his authorization to leak sensitive information to the Wall Street Journal that revealed the existence of an FBI investigation into the Clinton Foundation. Horowitz’s report concluded that “the evidence is substantial” that McCabe misled investigators “knowingly and intentionally.” Then-Attorney General Jeff Sessions fired McCabe in March 2018 just before he was set to retire.

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