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Rumors from reporters that the grand jury considering charges against mr. mccabe had declined to vote an indictment. we believe that if the grand jury has in fact voted a here they use a legal term we ll explain in a minute, not a true bill, the justice manual compels you not to resubmit the case to the same or a different grand jury. as the wall street journal headline puts it tonight, it s a sign that the case may be in jeopardy. former u.s. attorney harry litman, a frequent guest of ours offers this context. quote, a grand jury s refusal to return an indictment is something that happens once every five years in a given office. if it occurred here, given the magnitude, visibility of the mccabe case, it is a stunning and humiliating rebuke for overreaching and playing politics. well, joining us tonight, katie benner, justice reporter for the new york times and cynthia alksne, a former prosecutor herself. ....
Andrew mccabe was the number two fbi official. he was overseeing that investigation. certainly that s something that made president trump extremely unhappy. during the course of the investigation and the hillary clinton investigation as well, which mccabe was deeply involved in, andrew mccabe authorized people to speak to the press in interviews with the fbi when that was investigated, he was found to have lacked candor about that. he didn t say, yes, i did that. he wasn t forthcoming. keep in mind, as the number two fbi official, he is more than able to authorize people to speak to the press. but that lack of candor was something that he was criticized for by the inspector general. in an unusual twist, he was then that was kicked over and turned into a criminal prosecution. as you mentioned at the top of the show, that very rarely happens. usually it s dealt with administratively. people have shown examples where an fbi or doj employee has been found to have committed sexual assault ....
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Believe an indictment was coming. but that didn t happen. in a letter to the doj, mccabe s own attorneys write, quote, we heard rumors from reporters starting this morning that the grand jury considering charges against mr. mccabe had declined to vote an indictment. we believe that if the grand jury has, in fact, voted and here they use a legal term we ll explain in a minute not a true bill, the justice manual compels you not to resubmit the case to the same or a different grand jury. as the wall street journal headline puts it tonight, it s a sign that the case may be in jeopardy. former u.s. attorney harry litman, a frequent guest of ours, offers this context, quote, a grand jury s refusal to return an indictment is something that happens maybe once every five years in a given office. if it occurred here, given the magnitude, visibility of the mccabe case, it is a stunning and humiliating rebuke for overreaching and playing politics. well, joining us tonight, katie ....
Is about and why mccabe might have gone public in such a public way. of course. so you have to go back in time to the russia investigation. andrew mccabe was the number two fbi official. he was overseeing that investigation, and certainly that s something that made president trump extremely unhappy. during the course of the investigation, during the course of the hillary clinton investigation as well, which mccabe was deeply involved in, andrew mccabe authorized people to speak to the press. in interviews with the fbi when that was investigated, he was found to have lacked candor about that. he did not immediately say, yes, i did that. he wasn t forthcoming. keep in mind as the number two fbi official, he is more than able to authorize people to speak to the press. but that lack of candor was something that he was criticized for by the inspector general. in an unusual twist, he was then that was kicked over and turned into a criminal prosecution. as you mentioned at the top of the ....