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McCabe seeks immunity for testimony in congressional hearing over FBI handling of Clinton email probe
CNN Digital Expansion 2017

By Laura Jarrett, CNN

Updated 7:11 PM ET, Tue June 5, 2018
andrew mccabe fbi renuncia quien es subdirector vacaciones intervencion trump vo dusa_00003408

Current Time 0:06
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Duration Time 1:57

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Senate Intelligence Committee with the other heads of the U.S. intelligence agencies in the Hart Senate Office Building on Capitol Hill May 11, 2017 in Washington, DC. The
intelligence officials were questioned by the committee during the annual hearing about world wide threats to United States' security. (Photo by Alex
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intelligence officials were questioned by the committee during the annual hearing about world wide threats to United States' security. (Photo by Alex
Wong/Getty Images)
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WASHINGTON, DC - JUNE 21: Acting FBI Director Andrew McCabe testifies before a House Appropriations subcommittee meeting on the FBI's budget requests for FY2018 on June 21, 2017 in Washington, DC. McCabe became acting director in May, following
President Trump's dismissal of James Comey. (Photo by Pete Marovich/Getty Images)
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Senate Intelligence Committee with the other heads of the U.S. intelligence agencies in the Hart Senate Office Building on Capitol Hill May 11, 2017 in Washington, DC. The
intelligence officials were questioned by the committee during the annual hearing about world wide threats to United States' security. (Photo by Alex
Wong/Getty Images)
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Senate Intelligence Committee with the other heads of the U.S. intelligence agencies in the Hart Senate Office Building on Capitol Hill May 11, 2017 in Washington, DC. The
intelligence officials were questioned by the committee during the annual hearing about world wide threats to United States' security. (Photo by Alex
Wong/Getty Images)
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conference to announce the 2017 health care fraud takedown. (Photo by Alex Wong/Getty Images)
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WASHINGTON, DC - JUNE 21: Acting FBI Director Andrew McCabe testifies before a House Appropriations subcommittee meeting on the FBI's budget requests for FY2018 on June 21, 2017 in Washington, DC. McCabe became acting director in May, following
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Dana J. Boente (R), U.S. Attorney for the Eastern District of Virginia, and Andrew G. McCabe (L), Assistant Director in Charge of the FBI's Washington Field Office, after a hearing in federal court June 11, 2015 in Alexandria, Virginia. Officials
announced that earlier today 17-year-old Virginia high school student Ali Shukri Amin pleaded guilty to helping a classmate travel to Syria in hopes of joining ISIS. (Photo by Mark Wilson/Getty Images)
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President Trump's dismissal of James Comey. (Photo by Pete Marovich/Getty Images)
Report cites lack of candor by Andrew McCabe
WASHINGTON, DC - JULY 13: Acting FBI Director Andrew McCabe listens during a news conference to announce significant law enforcement actions July 13, 2017 at the Justice Department in Washington, DC. Attorney General Jeff Sessions held the news
conference to announce the 2017 health care fraud takedown. (Photo by Alex Wong/Getty Images)
Flake on McCabe firing: Horrible day for democracy
ALEXANDRIA, VA - JUNE 11: Andrew G. McCabe (R), Assistant Director of the FBI's Washington Field Office speaks while flanked by Dana J. Boente (L),U.S. Attorney for the Eastern District of Virginia, after a hearing in federal court June 11, 2015 in
Alexandria, Virginia. Officials announced that earlier today 17-year-old Virginia high school student Ali Shukri Amin pleaded guilty to helping a classmate travel to Syria in hopes of joining ISIS. (Photo by Mark Wilson/Getty
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WASHINGTON, DC - MAY 23: Former Director of the U.S. Central Intelligence Agency (CIA) John Brennan testifies before the House Permanent Select Committee
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(CNN)Former FBI Deputy Director Andrew McCabe has requested the Senate Judiciary Committee provide him with immunity from prosecution in exchange for testifying at an upcoming congressional hearing focused on how senior officials
at the FBI and Justice
Department handled the investigation of Hillary Clinton's private email server,
according to a letter obtained by CNN.
"Under the terms of such a grant of use immunity, no testimony or other information provided by Mr. McCabe could be used against him in a criminal case," wrote Michael Bromwich, a lawyer for McCabe, to Senate Judiciary Chairman Chuck Grassley, who has
requested McCabe testify next week.
Grassley, an Iowa Republican, has quietly requested that several former officials appear in front of the Judiciary Committee to discuss the long-awaited internal Justice Department report, which sources say will detail a series of missteps surrounding
the Justice Department and FBI's investigation into Clinton's handling of classified information while secretary of state.
The inspector general's report has not yet been released, but Grassley has invited former FBI Director James Comey and former Attorney General Loretta Lynch to testify as well, according to those familiar with the plans.

The stakes for McCabe's appearance, however, are particularly high. The former No. 2 at the FBI is entangled in a separate criminal investigation stemming from an earlier report from the inspector general's office that concluded he lied to internal
investigators. McCabe has steadfastly denied wrongdoing, but any congressional testimony he provides could have serious implications for his criminal case. "Mr. McCabe is willing to testify, but because of the criminal referral, he must be afforded suitable legal protection," Bromwich wrote to Grassley. "This is a textbook case for granting use immunity. . . . If this Committee is unwilling or unable to
obtain such an order, then Mr. McCabe will have to no choice but to invoke his Fifth Amendment privilege against self-incrimination."
If McCabe invokes his Fifth Amendment right instead of answering certain questions, it could set up a contentious confrontation with lawmakers. They could serve him with a subpoena and if he continues to refuse to testify, lawmakers could pursue a
contempt resolution against him and refer the matter for prosecution by the DC US Attorney's Office or enforce the subpoena through civil action in federal court.
Bromwich's letter also makes clear that McCabe is willing to provide emails that "demonstrate that Mr. McCabe advised former Director Comey, in October 2016, that Mr. McCabe was working with FBI colleagues to correct inaccuracies before certain media
stories were published."

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