As a federal employee, he can be compelled to testify or (if he asserts his 5th Amendment rights) be fired for not doing so. In his case, the pension would go poof if he's fired this week. Dan Bongino was on this issue hard a few weeks ago on his podcast; hoping he does a followup now. I've been watching this McCabe case for the last 6 weeks or so, once I became aware of the weasel's attempt to slip away with his pension and no accountability, like Lois Lerner, James Koskinen and many other Odumbass/Clinton criminals. There's a slim hope we may see some justice, but I'm not counting on Sleepy Jeff Sessions to do the right thing or grow some balls before the weekend.
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WASHINGTON — The FBI's Office of Professional Responsibility has recommended the firing of former FBI Deputy Director Andrew McCabe, who remains on the payroll — a move that could put the veteran official's pension at risk, according to officials familiar with the process.
The recommendation is now before Attorney General Jeff Sessions. OPR has already determined that McCabe should be fired and it's now up to Sessions whether to reverse that recommendation or to accept it.
McCabe is due to retire this weekend. If Sessions were to fire him before then, it would place McCabe's federal pension at risk.
The OPR recommendation that he be thrown off the payroll follows an internal report from the DOJ inspector general, which concluded McCabe was not fully forthcoming in answers about whether he talked to a reporter about the FBI's investigation of the Clinton Foundation.
When it became public in January the McCabe had decided to step aside, FBI Director Chris Wray made it clear in a message to all bureau employees at that time that his departure was tied to the inspector general report.
Several sources familiar with McCabe's move told NBC News that he made his decision to leave as a result of a meeting with Wray in which the inspector general's investigation was discussed.
The Department of Justice won't comment directly on the OPR report and Sessions' upcoming decision.
"The Department follows a prescribed process by which an employee may be terminated," DOJ said. "That process includes recommendations from career employees and no termination decision is final until the conclusion of that process. We have no personnel announcements at this time."
Officials familiar with what's happening said Sessions will act on the OPR finding soon. The expectation is that he will accept it and fire McCabe.
President Donald Trump has been critical of McCabe and even tweeted that he was "racing the clock" in an attempt to retire with full benefits.
The president has also made derogatory references to the fact that McCabe's wife, who ran unsuccessfully for state Senate in Virginia, received large campaign donations from Democrats linked to Hillary and Bill Clinton.
Trump has publicly suggested over the last year that McCabe should not remain in FBI leadership. Last July, the president questioned why Sessions hadn't replaced McCabe, whom the president described as "a (former FBI director James) Comey friend who was in charge of Clinton investigation."
McCabe was not involved in the FBI's investigation into Hillary Clinton while his wife was running for office. He became involved in the probe in February 2016.
McCabe's departure comes during the investigation by special counsel Robert Mueller into whether Trump obstructed justice in Russia investigation and whether his campaign colluded with Moscow. Given his position at the FBI and his interactions with Trump, McCabe is likely to be of use to Mueller in the obstruction inquiry, NBC News has reported.
