Justice Department withdraws secrecy argument on McCabe files

DOJ attorneys said they were no longer arguing that public release of records about Andrew McCabe would interfere with an ongoing enforcement action.

By Josh Gerstein, Politico, Nov. 13, 2019

A change to the Justice Department’s legal stance in a suit related to former FBI deputy director Andrew McCabe is prompting fresh speculation about the mysterious state of the Justice Department’s effort to prosecute McCabe over alleged misstatements to investigators about his interactions with colleagues during the 2016 election.

In a brief court filing Wednesday, Justice Department attorneys said they were no longer arguing that public release of records about McCabe would interfere with an ongoing enforcement action. That claim is typically used to withhold records about ongoing investigations or prosecutions.

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