DEADLINE

Judge to DOJ: Make Decision on McCabe Charges—or Face Release of FBI Records

The veteran judge said the Justice Department’s indecision is undermining the agency’s credibility.

The Department of Justice was warned on Monday that if they do not charge former acting FBI Director Andrew McCabe by Nov. 15 or drop the investigation altogether, the agency will be forced to release internal FBI documents related to his firing. Veteran District Judge Reggie B. Walton said at a hearing that the indecision regarding McCabe was undermining the credibility of the Justice Department. “I would send this message to those in positions of authority in the U.S. Attorney’s office and the Justice Department... that I will not condone further delay,” Walton said, according to a transcript of the hearing. “You all have got to cut and make your decision... If it’s not made, I’m going to start ordering the release of information because I think our society, our public does have a right to know what’s going on.”

After taking over as acting director for fired Director James Comey, McCabe authorized the FBI to investigate Trump’s ties to Russia. Since that authorization, Trump has targeted McCabe and the DOJ has zeroed in on an allegation that he lied to federal investigators about allowing FBI officials to speak to a reporter about the Clinton email investigation. McCabe initially denied allowing the conversation, but later admitted to authorizing it. Federal prosecutors recommended pursuing an indictment against McCabe, but Judge Walton on Monday confirmed McCabe has not been indicted and that the DOJ is still considering the charges.