Just to correct some reports I saw yesterday, Andrew McCabe has NOT dismissed his wrongful dismissal lawsuit against the DOJ and FBI - at least not yet. He dismissed his related *FOIA* lawsuit.
So keep your popcorn on standby for now🍿
THREAD
So keep your popcorn on standby for now🍿
THREAD
McCabe had two different lawsuits pending against DOJ/FBI
Case 1: FOIA (18-cv-01389) - filed May 2018
Case 2: Wrongful dismissal: (19-cv-02399) - filed Aug 2019
Case 1: FOIA (18-cv-01389) - filed May 2018
Case 2: Wrongful dismissal: (19-cv-02399) - filed Aug 2019
The FOIA case (01389) sought documents related to his firing, such as the Inspector General internal manual and other docs
Very late on Friday, McCabe filed to dismiss this lawsuit - but NOT the wrongful dismissal one.
Very late on Friday, McCabe filed to dismiss this lawsuit - but NOT the wrongful dismissal one.
Something to note: McCabe dismissed the FOIA lawsuit "with" prejudice against the DOJ & Inspector General meaning that the case can't be re-filed against those defendants, it's over
He dismissed "without" prejudice against FBI, so it could be re-filed (though its very unlikely)
He dismissed "without" prejudice against FBI, so it could be re-filed (though its very unlikely)
The other case - and the more consequential one - is the wrongful dismissal case (02399) which is still ongoing
The DoJ hasn't responded publicly to McCabe's complaint and on 10/14 asked for an extension of time to respond to Nov 1 (next Friday)
The DoJ hasn't responded publicly to McCabe's complaint and on 10/14 asked for an extension of time to respond to Nov 1 (next Friday)
There is little public info about McCabe's wrongful dismissal case:
—8/8: McCabe filed public complaint
—8/16: McCabe filed a *sealed* motion
—8/23: DOJ responded to *sealed* motion
—8/23: Judge Moss GRANTED McCabe's motion
—10/14: DoJ asks for more time until 11/01
—8/8: McCabe filed public complaint
—8/16: McCabe filed a *sealed* motion
—8/23: DOJ responded to *sealed* motion
—8/23: Judge Moss GRANTED McCabe's motion
—10/14: DoJ asks for more time until 11/01
FACTS
—McCabe has given up his request for any documents from DOJ/IG and the FBI related to his dismissal (for ever against DOJ/IG)
—McCabe's lawyers agreed to delay the DOJ response to his unlawful dismissal case until Nov 1
—Both events occurred in the same month
—McCabe has given up his request for any documents from DOJ/IG and the FBI related to his dismissal (for ever against DOJ/IG)
—McCabe's lawyers agreed to delay the DOJ response to his unlawful dismissal case until Nov 1
—Both events occurred in the same month
ANALYSIS
—Dropping his FOIA case could be a precursor to McCabe also dropping his wrongful dismissal case
—If that happens at the same time Durham's probe is heating up it *could* suggest McCabe is co-operating, or needs to focus his resources on defending a criminal indictment
—Dropping his FOIA case could be a precursor to McCabe also dropping his wrongful dismissal case
—If that happens at the same time Durham's probe is heating up it *could* suggest McCabe is co-operating, or needs to focus his resources on defending a criminal indictment
So perhaps buy a bunch of🍿but don't open it just yet
/ENDS
/ENDS
UPDATE: DOJ just filed a 48 page motion to dismiss McCabe's case, with 110 pages of exhibits. Your move Andy...
