Here is the real stuff from McCarthy’s article which acknowledges my point of McCabe revealing too much if charged:
“No matter the outcome, the Justice Department stood to take some hits if McCabe had been charged. Focus on McCabe’s leak would have drawn attention to pressure DOJ officials had put on the Bureau over the Clinton Foundation investigation (which, reportedly, is likely to be closed without charges). It would also renew interest in the question of whether the FBI improperly allowed McCabe to play a role in Clinton-related investigations when his wife, as a political candidate, got major funding from Clinton-tied sources.”
“..... that the Justice Department and FBI did not comply with regulations in what appears to be the rushed termination of McCabe, adding heft to the former deputy director’s claim that he was being singled out for abusive treatment, potentially including prosecution, because of vengeful politics.”
The "politics", vengeful or not, are irrelevant when there are real reasons to prosecute.
Another point made by me and others here and reverberated in the McCarthy article:
“Finally, we must note that when the District of Columbia is the venue for any prosecution with political overtones, Justice Department charging decisions must factor in the jury pool, which is solidly anti-Trump.”
“And the jury would be weighing against that evidence (a) whatever problems caused prosecutors at the U.S. attorney’s office to beg off, and more significantly, (b) defense arguments that McCabe would not have been fired or prosecuted if not for the fact that he had gotten crosswise with a president of the United States whom at least some of the jurors are apt to dislike.”
My solution is that Washington DC should be a safe zone from any federal jury trial. Abolish the DC district court.
There are 93 other district courts to choose from and 13 circuit courts in this country. Washington DC has 120 judges in their two courts. Good riddance.