Fired FBI official Andrew McCabe wins retirement benefits and back pay in settlement
Updated October 14, 20216:40 PM ET Heard on Morning Edition
The Justice Department has agreed to restore full law enforcement benefits and provide some attorney fees for former FBI Deputy Director Andrew McCabe, who was fired by the Trump administration only hours before his retirement three years ago.
The Justice Department demoted and then dismissed him on the eve of his 50th birthday in March 2018, when his FBI annuity would have vested.
“I think the message that you get loud and clear from the terms of the settlement is that this never should have happened,” McCabe said. “It feels like complete vindication, because that’s what it is.”
The agreement follows a scathing online campaign by the former president to tarnish McCabe, who spent 21 years in service at the bureau.
A day after the dismissal, Trump tweeted that it represented “a great day for the hard working men and women of the FBI – A great day for democracy.” Earlier, Trump had pushed the bureau to “clean house” and urged authorities to take action against McCabe before his planned retirement.
In his lawsuit, McCabe argued the firing violated his First Amendment rights by punishing him for his “perceived affiliation” with the Democratic Party and violated his Fifth Amendment due process rights by leaving him with little time to review evidence against him and prepare a defense in early 2018.
The settlement talks intensified only after U.S. District Judge Randy Moss gave McCabe’s lawyers a green light to seek documents and testimony from former and current officials involved in the firing, including then-Attorney General Jeff Sessions, then-Deputy Attorney General Rod Rosenstein and FBI Director Christopher Wray.
Trump had accused McCabe of conflicts of interest because McCabe’s wife, Jill McCabe, ran without success for a seat in the Virginia Senate and accepted contributions from Democratic Party stalwart and then-Virginia Gov. Terry McAuliffe, a longtime ally of Bill and Hillary Clinton. Andrew McCabe countered that he had run the arrangement past FBI lawyers and ethics officials.
Justice Department Inspector General Michael Horowitz later examined McCabe’s conduct as part of a broader review of FBI activities in the election year of 2016. Horowitz concluded that McCabe “lacked candor” when he spoke with investigators about disclosures he authorized to The Wall Street Journal during the heated presidential race. Prosecutors brought the matter to a federal grand jury in Washington, D.C., but McCabe was never charged with criminal wrongdoing.
McCabe said the inspector general report was used by senior Justice Department officials as a “pretext” to dismiss him. McCabe opened investigations into Trump after the then-president fired then-FBI Director James Comey in the spring of 2017.
“The thing that concerns me going forward is firing me 26 hours before my retirement sends an unbelievably chilling message to the rest of the men and women of the FBI,” McCabe told NPR’s Morning Edition two years ago. “It sends a message that if you stand up for what you think is right, and you do the right thing, and you honor your obligations to this organization and the Constitution, that you too could be personally targeted and lose those things that you’ve been building towards your whole career.”
The Justice Department did not admit wrongdoing or apologize to McCabe in the court filing late Thursday, but one part of the document says, “the Parties agree that Executive Branch officials outside the Department of Justice and its components should not comment publicly on ongoing career civil service employee disciplinary matters … so as not to create any appearance of improper political influence.”
The settlement follows mediation between McCabe and the Justice Department this summer. The deal will restore McCabe’s full retirement package, purge his personnel file, allow for the return of his FBI badge and cover fees for his attorneys at the Arnold & Porter law firm.
Andrew George McCabe (born March 18, 1968) is an American attorney who served as the Deputy Director of the Federal Bureau of Investigation (FBI) from February 2016 to January 2018. McCabe joined the FBI as a special agent in 1996 and served with the bureau’s SWAT team. He became a supervisory special agent in 2003 and held management positions of increasing responsibility until he was appointed Deputy Director of the FBI in February 2016. From May 9, 2017, to August 2, 2017, McCabe served as the Acting Director of the FBI following James Comey‘s dismissal by then-President Donald Trump. After leaving the Trump administration, McCabe has been a contributor at CNN since 2019.
Attorney General Jeff Sessions fired McCabe on March 16, 2018, 26 hours before his scheduled retirement. Sessions announced that he based his decision on reports from the DOJ Inspector General and the FBI’s disciplinary office saying that McCabe had improperly authorized releases of information to The Wall Street Journal about an investigation into the Clinton Foundation and lied to FBI and DOJ agents who questioned him about it on four occasions, three of which were under oath. McCabe disputed this and claimed that his firing was politically motivated. In September 2019, federal prosecutors recommended McCabe be indicted for actions relating to the leak. On February 14, 2020, the Justice Department informed McCabe’s attorneys that it had declined to prosecute McCabe.
In October 2021, McCabe settled with the Justice Department a wrongful termination suit he had filed in August 2019. The government agreed to restore his pension and other benefits, pay his legal fees and expunge any record of having been fired.
On October 14, 2021, the Justice Department reversed Mr. McCabe’s firing, settling a lawsuit he filed asserting he was dismissed for political reasons. Under the terms in the settlement, McCabe will be able to officially retire, receive his pension, as well as $200,000 in missed pension payments. The government also agreed to pay the more than $500,000 in legal fees McCabe had incurred and expunge any record of his being fired from FBI personnel records.