If only the decision were so straightforward.
McCabe abruptly left his active role as deputy Federal Bureau of Investigation director in late January 2018 after the new Federal Bureau of Investigation director, Christopher Wray, received a briefing about the forthcoming Justice Department Inspector General report and its findings about McCabe.
White House Press Secretary Sarah Huckabee Sanders said of McCabe, "We do think that it is well documented that he has had some very troubling behavior and by most accounts a bad actor", though she said the decision on his future was up to Sessions. The precise amount can not be known because such individual personnel details are exempt from disclosure under the federal Freedom of Information Act (FOIA).
Trump has taunted McCabe, tweeting in late December, "FBI Deputy Director Andrew McCabe is racing the clock to retire with full benefits". And don't forget, nobody knows what firing McCabe might look like to special counsel Robert Mueller.
McCabe ― a lifelong Republican ― has a strained relationship with the president.
It isn't clear what Sessions will decide.
"I have never heard, in all the years I have been doing this, of somebody being fired the day before their pension kicks in, so that the pension won't kick in", Napolitano said, predicting a legal battle if McCabe's pension does not kick in.
Prior to the internal report, McCabe had been within the president's sights. Because of McCabe's seniority, the decision is Sessions's to make. The fact that the original recommendation to fire McCabe came from the FBI would provide Sessions with significant cover, because he could say that he was just following the suggestion of bureau officials.
It is up to Mr. Sessions to accept or reject that recommendation.
McCabe was inside the Justice Department building Thursday afternoon. I'm not buying it.
One article that discussed McCabe's role in the investigation into the Clintons' charitable foundation claimed some agents thought McCabe was trying to quash the probe, which McCabe said was not true.
The FBI's Office of Professional Responsibility, known as OPR, and Inspection Division are staffed with skilled professionals who could not care less about politics.
"How can FBI Deputy Director Andrew McCabe, the man in charge, along with leakin' James Comey, of the Phony Hillary Clinton investigation (including her 33,000 illegally deleted emails) be given $700,000 for wife's campaign by Clinton Puppets during investigation?" Is McCabe a convenient fall guy for a greater corruption scandal within Barack Obama's Justice Department? It's what bureaucrats do.
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