Federal prosecutors are using a grand jury to investigate former FBI deputy director Andrew McCabe, an indication the probe into whether he misled officials exploring his role in a controversial media disclosure has intensified, the Washington Post reports. The presence of the grand jury shows prosecutors are treating the matter seriously, locking in the accounts of witnesses who might later have to testify at a trial. Such panels are sometimes used only as investigative tools, and it remains unclear if McCabe will ultimately be charged.
Michael Bromwich, a lawyer for McCabe, said he was confident McCabe would not be charged, absent “inappropriate pressure from high levels of the Administration.” Bromwich added, “Unfortunately, such pressure has continued, with the President targeting Mr. McCabe in numerous additional tweets.” The lawyer raised questions about the timing of the news report on the grand jury. The “leak about a procedural step taken more than a month ago — occurring in the midst of a disastrous week for the President — is a sad and poorly veiled attempt to try to distract the American public,” Bromwich said. “We remain confident that a thorough review of the facts and circumstances related to this matter will demonstrate that there is no basis on which criminal charges should be brought.” In such a politically charged case, a decision to prosecute McCabe or not will draw significant criticism either way.