McCabe's lawyers still have the right to request a meeting with Barr over the matter, the person said.
An indictment of former FBI deputy director Andrew McCabe would refocus public attention on the chaotic months of 2016 when the FBI was entangled in presidential politics through investigations touching both main contenders.
A US attorney for Washington D.C. has recommended going forward with criminal charges against former FBI Acting Director Andrew McCabe, following a scathing Inspector General's report on his conduct during the Clinton email probe. McCabe was ousted by then-Attorney General Jeff Sessions past year after an internal investigation into his role in disclosing a Clinton Foundation probe to the media.
Attorney general Jeff Sessions then fired McCabe in March 2018 over the DOJ inspector general's finding that he "lacked candor" when asked by Comey, and later two investigators, whether he leaked information about the Clinton email probe to a Wall Street Journal reporter.
In early August, McCabe sued the Department of Justice, alleging that his firing was an unfair political move by the Trump administration.
U.S. Attorney Jessie Liu recommended moving ahead with charges, prompting a failed appeal by McCabe's lawyers to appeal the decision, Fox News reported. Former Acting Attorney General of the United States Matthew Whitaker even made an appearance on Fox News, during which he said he believed there were indications that McCabe was "imminently going to be charged".
His termination came 10 months after the firing of FBI Director James Comey, who at the time was leading the bureau's investigation into Russian interference in the 2016 USA presidential election and whether anyone associated with President Donald Trump's campaign conspired in the operation. Trump, at the time, praised the decision as a "great day for democracy".
We further found that on July 28, 2017, when questioned under oath by the OIG in a recorded interview, McCabe lacked candor when he stated: (a) that he was not aware of Special Counsel having been authorized to speak to reporters around October 30 and (b) that, because he was not in Washington, D.C., on October 27 and 28, 2016, he was unable to say where Special Counsel was or what she was doing at that time. He is asking a federal court in Washington to reinstate him as deputy director of the FBI so he can retire in a manner that allows him to collect his full pension, which he has been denied over being fired short of his retirement date.
Trump has long targeted McCabe, blasting him as a "major sleazebag" and accusing him of taking "massive amounts of money" from the Clinton Foundation. He has sued the Justice Department, arguing that he was sacked for political reasons.
McCabe has been a target of Trump's attacks since news emerged in the fall of 2016 that McCabe's wife had accepted campaign contributions from a political action committee associated with former Virginia Gov. Terry McAuliffe, a Clinton ally, during an unsuccessful run for the state Senate. The report was issued to the Federal Bureau of Investigation 'for such action that it deems appropriate'.