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1. I suspect McCabe will be indicted, Kathleen. Here’s why that’s my suspicion: it’s been reported that McCabe’s legal team met w/Jessie Liu, the US Attorney for the DC USAO. That meeting was McCabe’s team’s opportunity to argue against an indictment . . .
2. Thereafter, it was reported that McCabe’s team met with the Deputy Attorney General (DAG). This signals that McCabe’s team could not talk US Attorney Liu out of indicting and so McCabe’s attorneys were, in essence “appealing” that decision, hoping . . .
3. to persuade Liu’s supervisors at DOJ to overrule “her decision.” I put quotes around “her decision” because I’m quite certain that the prosecutorial decision is, in reality, being driven by Barr. And Barr’s decision is almost certainly driven by . . .
4. Trump’s animosity and vindictiveness vis-a-vis McCabe. So, based on reading the institutional tea leaves, McCabe likely will “catch a charge.” But I think a conviction is very UNLIKELY as the trial will end up being all about Trump’s improper influence over the process . . .
5. McCabe’s lawyers will fight hard to prove that prosecuting McCabe is an extreme example of vindictive prosecution (in the military we would call Trump’s behavior “unlawful command influence”). If there is a trial, McCabe will come out looking far better than Trump (and Barr).
