The DOJ Inspector General has referred McCabe for prosecution and the DOJ is currently trying to make a decision on whether to follow the referral or not.
Former Acting Attorney General Matthew Whitaker said Wednesday he believes Andrew McCabe will soon be indicted on federal charges, based on reporting that the former FBI deputy director’s attorneys recently met with Justice Department officials.
Whitaker said in a Fox News interview that McCabe’s lawyers’ meeting with Deputy Attorney General [DAG] Jeffrey Rosen, which The New York Times reported Monday took place last week, appears to have been what’s known as a “DAG appeal.”
Whitaker said “sophisticated defense lawyers” ask for the meetings “to lay out your case as to why your client shouldn’t be charged.”
“I have not seen a DAG appeal be successful. I have seen them many times, again, with sophisticated defense lawyers, but this is usually when somebody is imminently going to be charged, they try to get to the deputy attorney general and plead their case,” said Whitaker, who was a U.S. attorney and chief of staff to Attorney General Jeff Sessions.