Congressional Republicans are trying to get the deputy director of the FBI fired.
Deputy Director Andrew McCabe, the bureau’s second in command and a longtime FBI agent, has played important roles in some of the FBI’s most important recent investigations. But in the wake of a controversy about an agent being fired from the Mueller investigation over perceived political bias, Republicans are now targeting McCabe,arguing that his wife has compromising political ties to Hillary Clinton. In 2015, McCabe’s wife ran for a state Senate seat in Virginia, backed in part with money provided by a Clinton ally.
McCabe’s name also surfaced in a controversial text message sent by FBI agent Peter Strzok, the agent removed from Mueller’s probe. Strzok had mentioned someone named “Andy” in a text message with federal attorney Lisa Page, seeming to suggest there was a discussion about Trump — and not a positive one — in McCabe’s office.
“He oughta be replaced. And I’ve said that before and I’ve said it to people who can do it,” Sen. Chuck Grassley (R-IA) told reporters earlier this week. Rep. Trey Gowdy (R-SC), chair of the House Oversight Committee, went even further during a Fox News appearance on Tuesday, suggesting that McCabe would likely be gone in the next week. And President Trump himself has called for McCabe’s firing, once tweeting that his Attorney General Jeff Sessions should have fired McCabe a long time ago because of McCabe’s ties to Clinton.
But there is little evidence so far that McCabe harbors some kind of personal vendetta against the president, let alone any evidence that it’s affecting his job performance.
“He’s certainly not politically compromised — at least not based on what we now know,” Jens David Ohlin, a law professor at Cornell University, told me. “It’s one thing for them to go after Mueller and his team — which I would expect — but the administration seems intent on delegitimizing the entire FBI and the Justice Department.”
What this reflects instead is an increasing Republican willingness to treat the FBI as an enemy of the party — a development with troubling implications for the bureau’s independence and the health of American democracy more broadly.
The long-running conservative case against McCabe
To understand the GOP crusade against McCabe, we need to turn back the clock to 2015.
That year, Dr. Jill McCabe — Andrew’s wife — ran for Virginia state Senate with support of the state’s Democratic Party. She received $467,500 from then-Gov. Terry McAuliffe’s political action committee and $207,788 from the state’s Democratic Party. McAuliffe, it’s worth noting, is a political ally and personal friend of Bill and Hillary Clinton.
McCabe lost her campaign and didn’t run again. But the donations she received would turn out to be a big problem for her husband just a few months later, when they were revealed by Wall Street Journal reporter Devlin Barrett in October 2016. At the time, Deputy Director McCabe was overseeing the investigation into Hillary Clinton’s private email server — which just happened to be one of the biggest issues in the 2016 presidential election.
The Trump team screamed bias, and continued making noise about it even after his electoral victory. On January 12, the Justice Department’s Inspector General announced a probe into the FBI’s handling of the Clinton server investigation, including “allegations that the FBI Deputy Director should have been recused from participating in certain investigative matters.”
The probe has yet to release its findings, but so far there’s has been no indication — either through leaks from the probe or from information uncovered by reporters — that McCabe was compromised in anyway. The issue subsided for the early months of Trump’s presidency, sidelined by other controversies, until Trump fired FBI Director James Comey on May 9. This made McCabe acting FBI director; all of a sudden, a man that the president believed could be biased against him was in charge of (among other things) the probe into the Trump campaign’s connections to Russia.
It didn’t take too long for Trump to make his anger with this development known. On July 26, he called on Attorney General Sessions to fire McCabe. This level of presidential involvement in FBI personnel decisions is highly unusual, especially given the lack of concrete evidence of McCabe’s guilt:
Why didn’t A.G. Sessions replace Acting FBI Director Andrew McCabe, a Comey friend who was in charge of Clinton investigation but got….
— Donald J. Trump (@realDonaldTrump) July 26, 2017
…big dollars ($700,000) for his wife’s political run from Hillary Clinton and her representatives. Drain the Swamp!
— Donald J. Trump (@realDonaldTrump) July 26, 2017
Sessions declined to do as Trump asked, and the issue died down once again — only to resurface in early December, when news of Strzok’s dismissal from the Mueller probe broke.
How the Strzok case turned McCabe into a target once again
The Justice Department released the text messages that got agent Strzok taken off the Mueller investigation in mid-December. The texts include some colorful descriptions of President Trump — Strzok referred to him as a “douche” and an “utter idiot,” among other things. He also said Clinton “just had to win” the race.
But one message, which Strzok sent in mid-2016 to US attorney Lisa Page, was more troubling. Here’s what it said:
I want to believe the path you threw out for consideration in Andy’s office — that there’s no way he gets elected — but I’m afraid we can’t take that risk. It’s like an insurance policy in the unlikely event you die before you’re 40.
It’s a really confusing message. “Andy” appears to be a reference to McCabe, which would make sense given that Strzok was working on the Clinton email case at the time. Many Republicans allege that the “insurance policy” line is evidence of some kind of plot against Trump on the part of the FBI, though the plain text of the message suggests nothing of the kind.
Because the message is so cryptic — we don’t even know for sure if “Andy” actually refers to McCabe, for instance — it’s hard to know what it’s actually referring to. But combined with the other texts openly critical of Trump and supportive of Clinton, it certainly suggested some degree of bias on Strzok’s part, and that’s evidently why Mueller chose to remove him from the investigation.
But that wasn’t enough for some Republicans, who are convinced there is some deeper conspiracy afoot involving McCabe and are determined to get to the bottom of it. On Tuesday, members of the House Intelligence Committee grilled McCabe behind closed doors for more than seven hours.
And later that evening, House Judiciary Chair Bob Goodlatte (R-VA), and Gowdy, who chairs the House Oversight Committee, sent the Justice Department a letter announcing a joint investigation into the FBI’s handling of the Clinton email and Trump-Russia scandals. They requested that the bureau make McCabe available for yet another interview on Thursday as part of that investigation.
Speaking on Fox News, Gowdy said he very clearly believes the result of this investigation should be McCabe’s firing. “l’ll be a little bit surprised if he’s still an employee of the FBI this time next week,” he said during a Fox News appearance on Tuesday.
Independent experts like Ohlin, the Cornell professor, find the case against McCabe far, far too thin to justify dismissal.
“I’d need a lot more evidence that his alleged bias involved any official acts,” says Andy Wright, a professor at Savannah Law School. “Based on the hearsay, unclear text … or because his wife ran as a Democrat before Trump’s campaign? Please.”
Where does this all end?
McCabe isn’t the only one at the Justice Department that Republicans would like to see gone.
A growing number of congressional GOP members and right-wing commentators are calling for Mueller himself to be dismissed for similar reasons: that is, his perceived bias against Trump. The evidence of such misconduct is similarly thin.
“Critics of [Mueller] point to what they call a mound of evidence — much of it exaggerated, mischaracterized, or outright false — to justify his potential ouster,” writes Vox’s Alex Ward.
A number of observers see these efforts are part of a broader GOP ploy to paint the DOJ as hopelessly biased against Trump and thus soften the blow of any potential charges against the president or his associates that come out of the Mueller probe.
“Usually the GOP is a law-and-order party, very pro-police,” Ohlin says. “But they seem to be on the verge of declaring war on the country’s top law enforcement agency.”
Trump already fired FBI Director James Comey back in May, raising questions about whether the president was trying to thwart the FBI’s investigation into his campaign’s ties with Russia. Firing yet another top Justice Department official would send a very clear message: Look into the president and your job will be in jeopardy.