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Trump Was Right To Blast Corrupt FBI Asst. Director McCabe

Our friend Joseph E. Schmitz, former inspector general of the Department of Defense, has recently written an extensive analysis of why President Trump was right to pummel FBI Assistant Director Andrew McCabe in one of his famous tweet storms:

Trump tweet“FBI Deputy Director Andrew McCabe is racing the clock to retire with full benefits. 90 days to go?!!!”

Schmitz makes the point that looking at the McCabe case from the perspective of an inspector general, there is no need to assume that “FBI Deputy Director Andrew McCabe [will] retire with full benefits,” especially as the Hatch Act provides that: “any individual, other than the President and the Vice President, employed or holding office in . . . an Executive agency other than the Government Accountability Office [5 U.S.C. §7322] may not . . . use his official authority or influence for the purpose of interfering with or affecting the result of an election [5 U.S.C. §7323(a)(1)]; and that, An employee or individual who violates section 7323 . . . shall be subject to removal, reduction in grade, debarment from Federal employment for a period not to exceed 5 years, suspension, reprimand, or an assessment of a civil penalty not to exceed $1,000 [5 U.S.C. §7326]."

The Justice Department’s inspector general is conducting a broad investigation into how the department and FBI have handled recent matters, including the Clinton investigation. McCabe’s activities have been under scrutiny by the inspector general as well, and among the obvious matters for the Justice Department’s IG to investigate is whether McCabe violated the Hatch Act – alone or in concert with others.

Schmitz says if FBI Deputy Director McCabe is found by the inspector general to have used "his official authority or influence for the purpose of interfering with or affecting the result of an election,” according to the Hatch Act, the FBI deputy director should be held accountable to the American people for his abuse of authority in violation of the Hatch Act.

If substantiated, says Schmitz, depending upon the severity of his violation, McCabe “shall be subject to removal . . .  debarment from Federal employment for a period not to exceed 5 years, suspension, reprimand, or an assessment of a civil penalty not to exceed $1,000 [5 U.S.C. §7326]."

In other words, given that McCabe is being investigated by the Inspector General, there’s no reason to assume that he is entitled to or will “retire with full benefits.”

Indeed, if FBI Deputy Director McCabe is found by the inspector general to have used "his official authority or influence for the purpose of interfering with or affecting the result of an election,” then according to the Hatch Act, McCabe could be stripped of his job and possibly his benefits and fined.

Schmitz isn’t suggesting that McCabe be railroaded, as he points out under the Inspector General Act, the inspector general of the Department of Justice should, of course, provide McCabe with what the U.S. Supreme Court recently referred to as “these essential constitutional promises” of procedural due process: “the right to notice and an opportunity to be heard must be granted at a meaningful time and in a meaningful manner.”

We think the President and the Department of Justice inspector general have gone way too easy on Andrew McCabe; from our perspective a Hatch Act violation should be the least of McCabe’s worries.

As we explained in our article “The FBI-Led Coup Against President Trump,” the Constitution makes the President the chief law enforcement officer of the United States, but for the past eleven months the Nation’s principle law enforcement agency – the FBI – has been participating in nothing less than a coup against President Trump and Congress.

This attempted coup is real and FBI Assistant Director Andrew McCabe, Special Counsel Robert Mueller, former FBI Director James Comey and FBI employees Peter Strzok and Lisa Page are at the heart of it. It is time for Attorney General Jeff Sessions, Deputy Attorney General Rod Rosenstein and FBI Director Christopher Wray to recover control of their agencies before the poison these people spread through the FBI and the Department of Justice engenders a real constitutional crisis.

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