That said, though, it is an audacious strategy on McCabe’s part to (a) ask the Justice Department to exercise clemency by declining to charge an eminently prosecutable false-statements case against him, while (b) simultaneously hauling the Justice Department into court on an accusation of bad faith in a case in which McCabe leaked and then provided explanations that weren’t true. If I were the attorney general, my inclination would be to say, “If he’s going to make us go to war, let’s go to war on offense — indict him.”
More significantly, we are now living in a law enforcement world of McCabe’s making.
Again, in a better world, I’d prefer to take account of the considerable positive side of McCabe’s ledger and what he’s already suffered, especially if he exhibited some contrition. That is, I’d ordinarily be open to declining prosecution. But then, how about the positive side of General Flynn’s ledger? And why, if it would be overkill to charge McCabe was it not overkill to charge Papadopoulos? Why do Clinton, Mills, Abedin, and Combetta get a pass in a criminal investigation triggered by actual crimes, but Flynn, Papadopoulos, van der Zwaan, and Stone get hammered in an investigation predicated by no crime — just a fever dream of Trump-Russia cyberespionage conspiracy?