Criminal Justice & the Rule of Law

Federal Judge Denies Government Request to Dismiss McCabe Lawsuit

Tia Sewell
Thursday, September 24, 2020, 5:02 PM

Published by The Lawfare Institute
in Cooperation With
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A judge in the U.S. District Court for the District of Columbia today denied the Justice Department’s request to dismiss a lawsuit filed against the department by Andrew McCabe, the former deputy director of the FBI. McCabe alleges that he was “unlawfully demoted” from his former FBI career service position after being fired “on the night of his planned retirementbased on his perceived political affiliation” and “unwillingness to pledge his personal loyalty to President Trump.” The Justice Department disputes these allegations and claims that McCabe was fired because he “lacked candor” during a federal investigation.

The ruling establishes that it is “too early in the case to determine which, if either, of the parties’ competing versions of the relevant facts is correct.” It denies the government’s motion to dismiss McCabe’s lawsuit and orders the case to move to discovery and further proceedings.

You can read the decision here or below:



Tia Sewell is a former associate editor of Lawfare. She studied international relations and economics at Stanford University and is now a master’s student in international security at Sciences Po in Paris.

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