# Andrew McCabe: A Comprehensive Report ![[Andy McCabe.png]] ## Executive Summary Andrew George McCabe served as Deputy Director of the FBI from February 2016 to March 2018 and briefly as Acting Director following James Comey's dismissal. His 21-year FBI career ended in controversy when he was fired by Attorney General Jeff Sessions just 26 hours before his scheduled retirement. McCabe played central roles in the FBI's most significant investigations of the 2010s, including Crossfire Hurricane, the Clinton email investigation, and various counterterrorism operations. Today, he continues as [a CNN contributor, professor at George Mason University, and co-hosts a popular podcast analyzing Trump's legal proceedings](https://schar.gmu.edu/news/2024-02/if-you-dont-know-jack-about-trump-trials-maybe-you-should-listen-mccabe-and-gills). ## Career Timeline and Background ### Early Life and Education [McCabe was born on March 18, 1968, and graduated from The Bolles School in Jacksonville, Florida, in 1986](https://en.wikipedia.org/wiki/Andrew_McCabe). He [earned a bachelor's degree from Duke University in 1990 and obtained his J.D. from Washington University School of Law in 1993](https://www.intelligence.senate.gov/wp-content/uploads/2024/08/sites-default-files-documents-bio-amccabe-060717.pdf). During law school, he interned in the criminal division of the U.S. Department of Justice. [Due to a hiring freeze, McCabe spent three years in private law practice in Philadelphia before joining the FBI in 1996](https://en.wikipedia.org/wiki/Andrew_McCabe). ### FBI Career Progression McCabe's FBI career spanned multiple critical positions: - **1996-2003**: [Special Agent, New York Field Office, focusing on organized crime and serving on the SWAT team](https://www.ajc.com/news/national/who-andrew-mccabe-former-deputy-director-the-fbi/yKHfVcd4A0A8qPYjrkoOIK/) - **2003**: [Supervisory Special Agent, Eurasian Organized Crime Task Force](https://www.ajc.com/news/national/who-andrew-mccabe-former-deputy-director-the-fbi/yKHfVcd4A0A8qPYjrkoOIK/) - **2006**: [Unit Chief, FBI Headquarters Counterterrorism Division](https://www.ajc.com/news/national/who-andrew-mccabe-former-deputy-director-the-fbi/yKHfVcd4A0A8qPYjrkoOIK/) - **2008**: [Assistant Special Agent in Charge, Washington Field Office Counterterrorism Division](https://www.ajc.com/news/national/who-andrew-mccabe-former-deputy-director-the-fbi/yKHfVcd4A0A8qPYjrkoOIK/) - **2009**: [First Director, High-Value Interrogation Group](https://www.ajc.com/news/national/who-andrew-mccabe-former-deputy-director-the-fbi/yKHfVcd4A0A8qPYjrkoOIK/) - **2011**: [Deputy Assistant Director, Counterterrorism Division Operations Branch I](https://www.intelligence.senate.gov/wp-content/uploads/2024/08/sites-default-files-documents-bio-amccabe-060717.pdf) - **2012**: [Assistant Director, Counterterrorism Division](https://www.intelligence.senate.gov/wp-content/uploads/2024/08/sites-default-files-documents-bio-amccabe-060717.pdf) - **2013**: [Executive Assistant Director, National Security Branch](https://www.intelligence.senate.gov/wp-content/uploads/2024/08/sites-default-files-documents-bio-amccabe-060717.pdf) - **2014**: [Assistant Director in Charge, Washington Field Office](https://www.intelligence.senate.gov/wp-content/uploads/2024/08/sites-default-files-documents-bio-amccabe-060717.pdf) - **2016**: [Deputy Director of the FBI](https://www.fbi.gov/news/press-releases/andrew-mccabe-named-deputy-director-of-the-fbi) - **May-August 2017**: [Acting Director following Comey's firing](https://www.fbi.gov/history/directors/andrew-mccabe) ## Role in Crossfire Hurricane Investigation ### Opening and Oversight McCabe played a central role in the FBI's investigation into Russian interference in the 2016 election, codenamed Crossfire Hurricane. [The investigation was opened on July 31, 2016, following information from Australian officials about Trump campaign aide George Papadopoulos's comments regarding Russian possession of damaging Clinton emails](https://en.wikipedia.org/wiki/Crossfire_Hurricane_\(FBI_investigation\)). According to the Durham Report, McCabe, at the direction of then-Deputy Director, instructed Deputy Assistant Director Peter Strzok to open the investigation immediately. [McCabe defended the decision, stating: "We opened a case to find out how the Russians might be undermining our elections. We opened a case because it was our obligation—our duty—to do so. We did our job"](https://foxbaltimore.com/news/connect-to-congress/senate-committee-questions-former-fbi-official-mccabe-about-russia-probe). ### Post-Comey Investigation Decisions After Trump fired FBI Director James Comey on May 9, 2017, [McCabe became Acting Director and made the decision to open both counterintelligence and criminal obstruction of justice investigations into President Trump](https://www.politico.com/story/2019/02/14/fbi-investigation-trump-russia-1169846). [McCabe testified that he was concerned Trump might be "working on behalf of Russia against American interests"](https://en.wikipedia.org/wiki/Andrew_McCabe). [McCabe briefed the congressional "Gang of Eight" leadership about these investigations, and according to his account, no one objected "on legal grounds, constitutional grounds or based on the facts"](https://www.nbcnews.com/politics/donald-trump/ex-fbi-official-mccabe-responds-lying-trump-attacks-calls-them-n972981). ### FISA Applications and Errors [McCabe signed one of the Foreign Intelligence Surveillance Act (FISA) warrant applications to monitor former Trump campaign adviser Carter Page](https://www.cnn.com/2018/03/16/politics/mccabe-republicans-trump-dossier). The DOJ Inspector General later found 17 errors or omissions in the FISA applications, leading [McCabe to acknowledge he was "shocked and disappointed" and would not have signed the warrant if he had known about the inaccuracies](https://dc.medill.northwestern.edu/blog/2020/11/10/mccabe-denies-any-wrongdoing-during-fourth-day-of-senate-judiciary-committee-oversight-hearing-on-crossfire-hurricane/). ## Role in Loretta Lynch Briefings and Clinton Investigation ### Clinton Email Investigation Oversight [McCabe became involved in overseeing the FBI's investigation into Hillary Clinton's private email server (codenamed "Midyear Exam") after his appointment as Deputy Director in February 2016](https://oig.justice.gov/reports/2018/o1804.pdf). This was three months after his wife's unsuccessful Virginia state senate campaign ended, addressing potential conflict of interest concerns. ### Interactions with Attorney General Lynch McCabe had regular briefings with Attorney General Loretta Lynch regarding ongoing investigations. [According to DOJ Inspector General documents, McCabe would provide updates on investigation progress and correct inaccurate media reports about the size of investigative teams](https://www.justsecurity.org/wp-content/uploads/2019/08/Lynch-Interview-12-19-18.pdf). ### Criticism of Lynch's Handling In his 2019 book "The Threat," McCabe was highly critical of Lynch's decisions during the Clinton investigation. [He wrote that Lynch's infamous tarmac meeting with Bill Clinton in June 2016 was "a horrible lapse in judgment" and that she "should have recused herself from Midyear at that point"](https://www.foxnews.com/politics/mccabe-slams-loretta-lynch-in-new-book-says-clinton-probe-should-have-gone-to-special-counsel). [McCabe argued that a special counsel should have been appointed to handle the Clinton investigation instead](https://www.foxnews.com/politics/mccabe-slams-loretta-lynch-in-new-book-says-clinton-probe-should-have-gone-to-special-counsel). ## [[December 9, 2016]] Meeting and Clinton Plan Briefing ### Obama Administration Meeting On December 9, 2016, President Obama convened a National Security Council meeting with senior officials including [[James Clapper]], [[John Brennan]], [[Susan Rice]], [[John Kerry]], [[Loretta Lynch]], and Andrew McCabe [to discuss Russia](https://www.dni.gov/index.php/newsroom/press-releases/press-releases-2025/4090-pr-18-25). This meeting came after the 2016 election and was part of efforts to assess Russian interference. ### Intelligence Community Assessment Role Following this meeting, McCabe was involved in discussions about including the [[Christopher Steele]] dossier in the Intelligence Community Assessment (ICA) on Russian interference. [On December 16, 2016, McCabe insisted that Steele reporting be included in the ICA, despite CIA concerns that the information was "not completely vetted" and resembled "internet rumor"](https://www.hsgac.senate.gov/wp-content/uploads/imo/media/doc/abbreviated%20timeline%20horowitz.pdf). [McCabe later testified to Congress that the dossier was included in an appendix rather than the main body of the ICA, though newly declassified documents suggest the dossier played a more central role than previously acknowledged](https://highlandcountypress.com/opinions/cia-contradicts-obama-officials-sworn-denials-about-russiagate-report). ### CIA Intelligence on Clinton Plan According to declassified intelligence, [CIA Director John Brennan briefed President Obama on Russian intelligence suggesting Hillary Clinton had approved a plan to tie Trump to Russia to distract from her email server issues](https://www.politico.com/news/2020/09/29/john-ratcliffe-hillary-clinton-russia-423022). While McCabe was present in various meetings during this timeframe, his specific role in discussing this intelligence remains unclear from available documents. ## Congressional Testimony and Hearings ### House Intelligence Committee (December 2017) [McCabe testified before the House Intelligence Committee on December 19, 2017, for over 16 hours across two sessions](https://www.cnn.com/2017/12/21/politics/andrew-mccabe-congress-testimony). [The testimony covered both the Clinton email investigation and the Russia probe. Republicans questioned McCabe extensively about the FBI's use of the Steele dossier and his role in various investigations](https://intelligence.house.gov/uploadedfiles/andrew_mccabe_testimony_dec_19_2017.pdf). ### Senate Judiciary Committee (November 2020) [McCabe appeared before the Senate Judiciary Committee on November 10, 2020, as part of Republican oversight of the Crossfire Hurricane investigation](https://www.pbs.org/newshour/politics/watch-live-former-fbi-deputy-director-andrew-mccabe-testifies-on-oversight-of-russia-investigation). During this hearing, McCabe: - Defended the decision to open the Russia investigation - [Acknowledged errors in FISA applications as "unacceptable"](https://foxbaltimore.com/news/connect-to-congress/senate-committee-questions-former-fbi-official-mccabe-about-russia-probe) - Denied any wrongdoing or political bias - [Faced aggressive questioning from Republican senators about FBI conduct](https://dc.medill.northwestern.edu/blog/2020/11/10/mccabe-denies-any-wrongdoing-during-fourth-day-of-senate-judiciary-committee-oversight-hearing-on-crossfire-hurricane/) ### Committee Composition [The Senate Judiciary Committee hearing was chaired by Lindsey Graham (R-SC) with Dianne Feinstein (D-CA) as ranking member. The committee included senators from both parties, with Republicans using the platform to criticize FBI actions while Democrats defended the Russia investigation's legitimacy](https://www.judiciary.senate.gov/download/mccabe-testimony?download=1). ### Key Testimony Points In his congressional appearances, McCabe consistently maintained that: - The FBI was obligated to investigate Russian interference - Political bias did not influence investigative decisions - He followed proper FBI protocols regarding potential conflicts of interest - [His firing was politically motivated rather than based on legitimate misconduct](https://foxbaltimore.com/news/connect-to-congress/senate-committee-questions-former-fbi-official-mccabe-about-russia-probe) ## Firing and Settlement ### Circumstances of Dismissal On March 16, 2018, [Attorney General Jeff Sessions fired McCabe just 26 hours before his scheduled retirement, based on a DOJ Inspector General report finding that McCabe "lacked candor" on multiple occasions regarding media leaks about the Clinton Foundation investigation](https://www.citizensforethics.org/reports-investigations/crew-investigations/fbi-documents-new-details-firing-andrew-mccabe/). [The firing cost McCabe his full pension benefits](https://www.dailywire.com/news/doj-agrees-to-pay-andrew-mccabe-ex-fbi-official-fired-under-trump-700k-in-wrongful-termination-settlement?author=Tim+Pearce&category=News&elementPosition=undefined&row=0&rowType=Vertical+List&title=DOJ+Agrees+To+Pay+Andrew+McCabe%2C+Ex-FBI+Official+Fired+Under+Trump%2C+%24700K+In+Wrongful+Termination+Settlement). ### Inspector General Findings [The DOJ Inspector General found that McCabe](https://oig.justice.gov/reports/2018/o20180413.pdf): - Authorized disclosure of information about a Clinton Foundation investigation to the Wall Street Journal - Lacked candor when questioned about this authorization on four occasions, three under oath - Violated FBI media policy by confirming an ongoing investigation to advance personal interests ### Legal Settlement (October 2021) McCabe sued the DOJ for wrongful termination, and in October 2021, reached a settlement that: - Rescinded and vacated his firing - Restored his full pension and benefits retroactively - Provided approximately $200,000 in missed pension payments - [Paid $539,000 in legal fees](https://www.dailywire.com/news/doj-agrees-to-pay-andrew-mccabe-ex-fbi-official-fired-under-trump-700k-in-wrongful-termination-settlement?author=Tim+Pearce&category=News&elementPosition=undefined&row=0&rowType=Vertical+List&title=DOJ+Agrees+To+Pay+Andrew+McCabe%2C+Ex-FBI+Official+Fired+Under+Trump%2C+%24700K+In+Wrongful+Termination+Settlement) - [Expunged records of his termination from FBI personnel files](https://www.washingtonexaminer.com/news/2223318/former-fbi-official-andrew-mccabe-wins-full-pension-in-wrongful-termination-lawsuit-settlement/) [Attorney General Merrick Garland defended the settlement, stating that DOJ lawyers concluded they were likely to lose the case on its merits](https://www.politico.com/news/2021/10/27/garland-mccabe-settlement-517333). ## Appearances in Mueller and Durham Reports ### Mueller Investigation McCabe cooperated fully with Special Counsel Robert Mueller's investigation. [He provided memos documenting his interactions with President Trump, similar to those kept by James Comey](https://www.pbs.org/newshour/politics/ap-report-mueller-now-has-memos-mccabe-kept-on-trump-dealings). [These memos detailed conversations and meetings with Trump that were of interest to Mueller's obstruction of justice investigation](https://www.huffpost.com/entry/mccabe-memos-robert-mueller_n_5aad5d38e4b0c33361b0e6bc). ### Durham Report Critical Findings Special Counsel John Durham's 2023 report was highly critical of McCabe's role in Crossfire Hurricane. The report found: - [McCabe was "deeply involved" in the decision to open the investigation without sufficient predication](https://edition.cnn.com/2023/05/15/politics/john-durham-report-fbi-trump-released) - He failed to ensure proper analytical rigor was applied to intelligence received - [His actions contributed to what Durham characterized as a "serious lack of analytical rigor" by senior FBI personnel](https://www.cato.org/blog/durham-report-trumps-vindication) [McCabe rejected Durham's conclusions, stating "John Durham is wrong" and noting that other investigations by the DOJ Inspector General and Senate Intelligence Committee reached different conclusions about the investigation's legitimacy](https://www.youtube.com/watch?v=Ca6Hnvr0yic). ## Current Activities and Security Clearance Status ### Professional Positions **George Mason University**: [McCabe serves as a Distinguished Visiting Professor at the Schar School of Policy and Government, appointed in August 2020](https://www.linkedin.com/in/andrew-mccabe-422664213). **CNN Contributor**: [Since August 2019, McCabe has been a senior law enforcement analyst for CNN, providing commentary on legal and law enforcement issues](https://www.axios.com/2019/08/23/former-fbi-official-andrew-mccabe-joining-cnn-contributor). **Podcast Host**: [McCabe co-hosts "Jack: A Special Counsel Podcast" with Allison Gill, analyzing Trump's federal legal proceedings. The podcast has approximately 250,000 unique listeners and has produced nearly 70 episodes](https://schar.gmu.edu/news/2024-02/if-you-dont-know-jack-about-trump-trials-maybe-you-should-listen-mccabe-and-gills). ### Media Appearances and Speaking [McCabe remains active in media appearances, regularly appearing on CNN programs to discuss current law enforcement and legal issues](https://thehill.com/policy/national-security/5213292-mccabe-suggests-fbi-spreading-their-terrorism-resources-too-thin-with-recent-immigration-activity/). He participates in speaking engagements and has appeared at various academic and professional forums. ### Book and Publications [McCabe authored "The Threat: How the FBI Protects America in the Age of Terror and Trump," published in February 2019. The book became a #1 New York Times bestseller and provides his account of his FBI career and interactions with the Trump administration](https://en.wikipedia.org/wiki/The_Threat_\(memoir\)). ### Security Clearance Status [McCabe's security clearance was revoked when he was fired from the FBI in March 2018](https://www.cbsnews.com/news/security-clearances-how-do-they-work/). [Unlike some former senior officials who retain clearances for advisory purposes, McCabe no longer has access to classified information due to his termination](https://www.voanews.com/a/trump-considering-revoking-ex-obama-officials-clearance/4495136.html). ## Criminal Exposure Analysis ### Federal Criminal Investigation Resolution The DOJ conducted a criminal investigation into McCabe for potential false statements to federal investigators. [On February 14, 2020, federal prosecutors declined to bring charges, stating: "Based on the totality of the circumstances and all of the information known to the Government at this time, we consider the matter closed"](https://www.cnn.com/2020/02/14/politics/andrew-mccabe-justice-department-investigation). ### Potential Ongoing Exposure Despite the 2020 declination, McCabe could theoretically face future federal exposure for: **Perjury/False Statements**: [The five-year statute of limitations has expired for most conduct related to his FBI tenure, though any new false statements could create fresh exposure](https://highlandcountypress.com/opinions/cia-contradicts-obama-officials-sworn-denials-about-russiagate-report). **Civil Rights Violations**: Theoretical exposure under 42 U.S.C. § 1983 for constitutional violations, though this would be difficult to prove given his law enforcement role. ### State Criminal Exposure McCabe faces minimal state criminal exposure, as most of his conduct occurred in his federal capacity, which would likely preempt state prosecution under the Supremacy Clause. ### Civil Liability Having settled his wrongful termination lawsuit favorably, McCabe's primary civil exposure is limited. However, he could face: - Defamation claims if he makes false statements about individuals - Professional liability related to his current academic and media roles ### Durham Investigation Impact While Durham's report was highly critical of McCabe, it did not recommend new criminal charges against him. [Durham stated that "not every injustice or transgression amounts to a criminal offense" and that prosecutors must prove criminal intent](https://www.politico.com/news/2023/05/15/durham-report-takeaways-00097060). ## Assessment and Implications Andrew McCabe's career represents one of the most controversial tenures in modern FBI history. His central role in high-profile investigations during a politically charged period made him a lightning rod for criticism from both political parties. The 2021 settlement of his wrongful termination lawsuit suggests that his firing may have been improperly motivated, validating his claims of political retaliation. McCabe's current activities demonstrate a successful transition from government service to academia and media commentary. His continued prominence in discussions of law enforcement and national security issues, combined with his legal victories, have rehabilitated his public standing among supporters while maintaining his status as a polarizing figure among critics. The Durham Report's criticisms, while significant, did not result in criminal charges and stand in contrast to other investigations that found the FBI's Russia investigation to be properly predicated. McCabe's ability to continue his career in academia and media suggests that the professional consequences of the controversies surrounding his FBI tenure have been largely overcome. _This report synthesizes publicly available information about Andrew McCabe's career, controversies, and current status. All citations reference the source materials provided in the research process._