August 12, 2019
Former FBI Deputy Director Andrew McCabe filed suit [Civil Action No. 19-2399] in the U.S. District Court for the District of Columbia on August 8 against Attorney General Bill Barr, the U.S. Department of Justice, FBI Director Christopher Wray, and the Federal Bureau of Investigation for ending his career on March 16, 2018—just before he would have qualified for his retirement benefits following 21 years of public service, Politico reported.
“Defendants responded to Plaintiff’s two decades of unblemished and non-partisan public service with a politically motivated and retaliatory demotion in January 2018 and public firing in March 2018— on the very night of Plaintiff’s long-planned retirement from the FBI,” McCabe said in his complaint.
He added, “Defendants’ actions have harmed Plaintiff’s reputation, professional standing, and dramatically reduced his retirement benefits. Plaintiff asks this Court to find that his demotion was unlawful and his purported termination was either a legal nullity or, in the alternative, unlawful, and to award him any and all relief necessary for him to retire as he had originally planned: as the Deputy Director of the FBI and an agent in good standing, with sufficient time in service to enable him to receive his full earned law enforcement pension, healthcare insurance, and other retirement benefits.”
The ousted FBI official also specifically named President DonaldTrump—acting in an official capacity as President of the United States—as the individual who was “responsible and accountable for Defendants’ actions.”
He alleged that the president, in conspiracy with former Attorney General Jeff Sessions, executed the scheme to deprive him of his job and retirement funding.
“It was Trump’s unconstitutional plan and scheme to discredit and remove DOJ and FBI employees who were deemed to be his partisan opponents because they were not politically loyal to him,” McCabe said in his complaint, adding, “Plaintiff’s termination was a critical element of Trump’s plan and scheme. Defendants—as well as then-Attorney General Jefferson Beauregard Sessions III, Defendant Barr’s predecessor—knowingly acted in furtherance of Trump’s plan and scheme, with knowledge that they were implementing Trump’s unconstitutional motivations for removing Plaintiff from the civil service. “
According to the Politico report, the lawsuit comes just two days after former FBI counterintelligence agent Peter Strzok filed a similar lawsuit, alleging that Trump’s vendetta against him led to his unceremonious firing, despite a formal disciplinary process that recommended a less severe punishment.
Strzok is seeking his old job back or compensation for his lost pay and benefits.
Although both men made plain their dislike of Trump, they say it never affected their official actions at the FBI. McCabe argues that Trump’s Twitter threats also coerced his subordinates at the Justice Department to do his bidding.
“Trump demanded [McCabe’s] personal allegiance, he sought retaliation when Plaintiff refused to give it, and [former Attorney General Jeff] Sessions, [FBI Director Christopher] Wray, and others served as Trump’s personal enforcers rather than the nation’s highest law enforcement officials, catering to Trump’s unlawful whims instead of honoring their oaths to uphold the Constitution,” McCabe’s suit charges. “Trump’s use of threats and accusations to cause his subordinates to act is memorialized in his tweets and other public documents, including the Special Counsel Report.”
Research contact: @politico