Andrew McCarthy: Why wasn't Andrew McCabe charged?

The Justice Department announced Friday that it is closing its investigation of Andrew McCabe, the FBI’s former deputy director, over his false statements to investigators probing an unauthorized leak that McCabe had orchestrated. McCabe was fired in March 2018, shortly after a blistering Justice Department inspector general (IG) report concluded that he repeatedly and blatantly lied — or, as the Bureau lexicon puts it, “lacked candor” — when questioned, including under oath.

Why not indict McCabe on felony false-statements charges? That is the question being pressed by incensed Trump supporters. After all, the constitutional guarantee of equal justice under the law is supposed to mean that McCabe gets the same quality of justice afforded to the sad sacks pursued with unseemly zeal by McCabe’s FBI and Robert Mueller’s prosecutors.

George Papadopoulos was convicted of making a trivial false statement about the date of a meeting. Roger Stone was convicted of obstruction long after the special counsel knew there was no Trump–Russia conspiracy, even though his meanderings did not impede the investigation in any meaningful way. And in the case of Michael Flynn’s false-statements conviction, as McCabe himself acknowledged to the House Intelligence Committee, even the agents who interviewed him did not believe he intentionally misled them.

Cornell University Law Information Institute

Federal Rules of Criminal Procedure Rule 18. Place of Prosecution and Trial
Unless a statute or these rules permit otherwise, the government must prosecute an offense in a district where the offense was committed. The court must set the place of trial within the district with due regard for the convenience of the defendant, any victim, and the witnesses, and the prompt administration of justice.
Notes of Advisory Committee on Rules—1944
1. The Constitution of the United States, Article III. Section 2, Paragraph 3, provides:
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
Amendment VI provides:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law.
28 U.S.C. former §114 (now §§1393, 1441) provides:
All prosecutions for crimes or offenses shall be had within the division of such districts where the same were committed, unless the court, or the judge thereof, upon the application of the defendant, shall order the cause to be transferred for prosecution to another division of the district.
The word “prosecutions,” as used in this statute, does not include the finding and return of an indictment. The prevailing practice of impaneling a grand jury for the entire district at a session in some division and of distributing the indictments among the divisions in which the offenses were committed is deemed proper and legal, Salinger v. Loisel, 265 U.S. 224, 237. The court stated that this practice is “attended with real advantages.” The rule is a restatement of existing law and is intended to sanction the continuance of this practice. For this reason, the rule requires that only the trial be held in the division in which the offense was committed and permits other proceedings to be had elsewhere in the same district.

The ONLY way a serious and fair Grand Jury and trial would be held would be to change venue to some far-away state. This Rule 18 makes that almost impossible to do. DOJ would have to change Rule 18 and, because DOJ is still run by Deep State swamp creatures, that would be almost impossible to do.

"...but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed." The District of Columbia is not a state. Because these are process crimes and were lying to the FBI or Congress, they were DC. If you could argue the crime was committed elsewhere, could Congress pass a law directing the trial to be held in another locale? But there's no way the Democrat controlled House would pass such a law - they want all such trials to be held in DC, the enemy to Republicans and freedom.

Because all of these crimes are committed in the DC District, abolish that district (as another poster suggested) and scatter these cases throughout the country where people don't depend on Fedzilla for a living.

DOJ Corruption – The Fork in The Road Few Noticed – What Bill Barr Needs to Explain to Everyone…
Posted on February 16, 2020 by sundance
Foolishness and betrayal of our country have served to reveal dangers within our present condition. Misplaced corrective action, regardless of intent, is neither safe nor wise. The intelligence apparatus was weaponized against our candidate by those who controlled the levers of government. This is what AG Bill Barr needs to explain to the nation.

https://theconservativetreehouse.com/2020/02/16/doj-corruption-the-fork-in-the-road-few-noticed-what-bill-barr-needs-to-explain-to-everyone/

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