HE COULD BE BUT HE WON’T BE BECAUSE HE’S ON THE PROTECTED SIDE: Jonathan Turley: If Andrew McCabe lied, could he be charged like Michael Flynn? “It is a perceived luxury enjoyed by federal prosecutors that routinely charge others with even borderline false statements but rarely face such charges themselves. While most prosecutors adhere to the highest ethical standards, a minority of Justice Department lawyers have been accused of false or misleading statements in federal cases. However, they are virtually never charged with false statements by their colleagues. There is no such reluctance in using this easily charged crime against targets outside of the department.”
Related question: If Comey or Mueller or McCabe or others lied to President Trump — who’s every bit as much a federal official as anyone from the FBI — could they be charged? Same answer: Yes, but they’re protected.
So things go, at the Department of Justice.