Posts tagged with "Former AG Jeff Sessions"

Andrew McCabe sues DOJ and FBI, alleging his ouster was retaliatory and demanded by Trump

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

Democrats file suit impugning Whitaker appointment

November 20, 2018

Three Democratic senators filed a lawsuit on November 19 in the U.S. District Court for the District of Columbia challenging the appointment of Acting Attorney General Matt Whitaker, and in doing so, ratcheting up the court effort to declare his placement atop the Justice Department as unconstitutional, CNN reported.

Senators Richard Blumenthal of Connecticut, Sheldon Whitehouse of Rhode Island and Mazie Hirono of Hawaii filed the suit, represented by the groups Protect Democracy and the Constitutional Accountability Center.

The lawsuit is only the latest challenge to Whitaker’s appointment to replace former AG Jeff Sessions after President Donald Trump fired his attorney general the day after the election.

In a joint statement, the senators said, “On November 7, President Trump appointed Whitaker to oversee the Department of Justice–including the Special Counsel’s investigation—in violation of the Constitution’s Appointments Clause. The Senators’ complaint asks the Court to declare Whitaker’s appointment unconstitutional and to enjoin him from serving as, or carrying out the duties of, Acting Attorney General.”

Senator Blumenthal personally commented, “Installing Matthew Whitaker so flagrantly defies constitutional law that any viewer of School House Rock would recognize it. Americans prize a system of checks and balances, which President Trump’s dictatorial appointment betrays.”

He said. “President Trump is denying Senators our constitutional obligation and opportunity to do our job: scrutinizing the nomination of our nation’s top law enforcement official. The reason is simple: Whitaker would never pass the advice and consent test. In selecting a so-called “constitutional nobody” and thwarting every Senator’s constitutional duty, Trump leaves us no choice but to seek recourse through the courts.”

For his part, Senator Whitehouse noted, The stakes are too high to allow the president to install an unconfirmed lackey to lead the Department of Justice – a lackey whose stated purpose, apparently, is undermining a major investigation into the president.  Unless the courts intercede, this troubling move creates a plain road map for persistent and deliberate evasion by the executive branch of the Senate’s constitutionally mandated advice and consent.  Indeed, this appointment appears planned to accomplish that goal.”

Senator Hirono, an outspoken opponent of the administration, stated, “Donald Trump cannot subvert the Constitution to protect himself and evade accountability. We want the court to make clear that the Senate must confirm Matthew Whitaker’s appointment as Acting Attorney General—otherwise this temporary appointment violates the Constitution’s Appointments Clause. Without exception for President Trump’s allies, principal officers who report directly to the president must be subject to a hearing and confirmed by the Senate.”

Last week, the Justice Department issued a memo defending Whitaker’s appointment, concluding that it was legally justified under the Vacancies Reform Act.

The Senate Democrats’ lawsuit, however, argues that his appointment his unconstitutional under the Constitution’s Appointments Clause requiring Senate confirmation of high-level federal appointees, CNN reported.

In addition to the lawsuit filed Monday, Maryland Attorney General Brian Frosh filed suit last week asking a federal judge to replace Whitaker with Deputy Attorney General Rod Rosenstein.

Research contact: @jeremyherb