Turns out Donald Trump’s supposed indictment of Andrew McCabe may not even exist

While many of you were dutifully watching tonight’s Democratic debate on ABC, Rachel Maddow was doing her usual nightly show on MSNBC. She focused on today’s news that the Trump regime is about to criminally indict former FBI official Andrew McCabe, on what would be the weakest federal charges in recent memory. It turns out the whole thing may have already fallen apart.

The key here is that, according to today’s reporting, Andrew McCabe has not yet been indicted. Rather, unnamed federal prosecutors have merely decided that McCabe should be indicted. But Rachel Maddow’s show pointed to an exodus among the prosecutors who would have been involved in this decision making process. For that matter, only a grand jury can make the final decision to indict someone.

Federal grand juries end up indicting greater than 99% of the time, because federal prosecutors have a policy of only seeking indictment in cases they’re fairly certain they can win, and – as the old adage goes – you could get a grand jury to indict a ham sandwich. But the case against Andrew McCabe, for supposedly lying to federal investigators when it’s clear that he didn’t actually lie, this could be the rare instance in which a grand jury refused to indict.

If so, what was today’s leak all about? As Palmer Report pointed out when the news first broke, the timing made clear that the Trump regime leaked this news specifically to try to distract from the fact that Donald Trump’s impeachment officially began today in the House. For all w know, there may be no indictment coming, and Bill Barr’s leak is a red herring, for the sole purpose of being a temporary distraction. As we explained earlier, if the Trump regime tries to go through with prosecuting McCabe, it’ll be a disaster for Trump’s 2020 prospects. So maybe there is no indictment. We’ll see.

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