Sen. Ted Cruz (R-TX) eviscerated former FBI Deputy Director Andrew McCabe for his “political persecution” in its investigation and prosecution of President Trump’s former national security adviser Gen. Michael Flynn on the basis he allegedly violated the Logan Act, pointing out the double standards with former Vice President Joe Biden currently talking to foreign officials.
During a heated exchange before the Tuesday Senate Judiciary Committee Hurricane Crossfire hearing, Cruz grilled McCabe over his continuation to keep open the FBI’s investigation of Flynn despite a January 4, 2017 memo recommending closing it, asking the fired FBI deputy director for his justification in his decision.
“I don’t remember making that decision, but I certainly supported keeping the case open,” McCabe recalled in his response. “I don’t remember the person that made that phone call, but I think that it was the right move to continue investigating.”
“But our feeling at that time was that we had found very little, if any incriminating evidence and about General Flynn until of course, we found, potentially very incriminating evidence about him,” McCabe said in another response when pushed again for validation of basis in keeping Flynn’s investigation open.
The Texas Republican then triggered the Logan Act, noting Biden during his final days as Vice President suggested McCabe to authorize the theory in going after Flynn
The Logan Act is an obscure 220-year-old U.S. federal law that forbids unauthorized American citizens from negotiating with foreign governments with an “intent to influence” measures for the U.S. It has never been used by the Justice Department to prosecute anyone and no one has been successfully prosecuted for violating the Logan Act due to the vagueness and being universally regarded as unconstitutional.
The incriminating evidence McCabe found resulted in charges and destroying a decorated retired three-star Army general reputation was a phone call he had as an incoming National Security Advisor official with Russian Ambassador Sergey Kislyak. Flynn’s conversation that occurred after the 2016 election and revealed months later amounted to Flynn repeatedly urging the ambassador not to dramatically escalate tensions in response to sanctions imposed by the outgoing Obama Administration over election interference.
“The only basis that was put forward for what I think was a bogus political persecution and prosecution was an alleged violation of the Logan Act which has never been used to prosecute anybody in the history of the Department of Justice,” Cruz said. “Yesterday on MSNBC, Ben Rhodes, the former deputy national security adviser to President Obama said that foreign leaders are already having conversations with Joe Biden ‘talking about the agenda, they’re going to pursue January 20.'”
Cruz put McCabe on the spot by asking if Biden is also violating the Logan Act, citing the Democratic candidate, who has yet been declared the winner of the 2020 presidential election is conducting policies business with foreign leaders.
“Mr. McCabe based on that testimony Do you believe Joe Biden is violating the Logan Act?” Cruz asked McCabe.
McCabe refused to answer Cruz, saying he was “not prepared to take your statement on faith, and I am also not prepared to conduct legal analysis.”
When pressed again by Cruz, making the question as a “hypothetical,” McCabe said that he wasn’t going to “opine” on whether or not Biden was violating the Logan Act.
“I’m not going to opine on a hypothetical question about what the Biden campaign might or might not be doing,” McCabe responded, claiming that the Logan Act wasn’t the FBI concern and that no discussion occurred within the FBI and DOJ.
“He is talking with foreign leaders and it doesn’t violate the Logan Act because the Logan Act is unconstitutional, which is why it’s never been used to prosecute anyone,” Cruz fired back. “You authorized using it to go after General Flynn, as part of a political persecution. I can give you the answer, hell no Joe Biden is not violating the Logan Act. The reason you won’t say it is because that was your flimsy political basis to go after a decorated war hero because you disagreed with politically with President Trump.”
President Trump before the hearing urged Republicans on the judiciary committee to “FIGHT FOR JUSTICE!”
Republicans, don’t let Andrew McCabe continue to get away with totally criminal activity. What he did should never be allowed to happen to our Country again. FIGHT FOR JUSTICE!
— Donald J. Trump (@realDonaldTrump) November 10, 2020
“Republicans, don’t let Andrew McCabe continue to get away with totally criminal activity,” Trump tweeted. “What he did should never be allowed to happen to our Country again. FIGHT FOR JUSTICE!”