Please see below for a statement for the record from Michael R.

Bromwich and David Schertler, Counsel for Andrew

McCabe:

We have directed numerous inquiries to the U.S. Attorney’s Office over the past week about the status of the investigation of our
client, Andrew McCabe. We have been provided with no information in response to those requests. What little
information we have has come from the news media. This is not how the Department that we both served for decades
should be handling an investigation such as this.

On September 11, we were advised by more than a dozen reporters that the grand jury was being convened and that we should
expect an indictment of Mr. McCabe that afternoon. Later in the day, we were told by reporters that the grand jury would
be reconvening Thursday morning and that Mr. McCabe would be indicted at that time. The reporters could only have
obtained this information from personnel at the Department of Justice (DOJ) or the U.S. Attorney’s Office and such leaks
are prohibited by rules governing grand jury secrecy.

On September 12, in mid-morning, we were advised by reporters that they had learned the grand jury had voted not to indict Mr.
McCabe. We have no idea whether this was accurate information and no one has either confirmed or denied it to us. On
September 12, at 12:21 pm, we received a note from the Deputy Attorney General’s Office. The two sentence message
indicated that the Deputy Attorney General denied our appeal of the U.S. Attorney’s decision to move forward with an
indictment of Mr. McCabe. The content of that email was leaked to the media within 30 minutes of it being sent to us, in
violation of DOJ policy.

These leaks in violation of DOJ policy are particularly ironic given that the entire predicate for any false statements charges that
might be brought against our client is an ​authorized ​disclosure of information that he directed be made in October 2016.

Since that time, we have done the following:

● Sent a letter to the U.S. Attorney’s Office arguing that if the grand jury had in fact declined to approve charges against
Mr. McCabe, the government was required by DOJ policy to end the investigation because it could no longer have a
reasonable belief that it could prove its case at trial beyond a reasonable doubt.
● Sent a letter to the U.S. Attorney’s Office demanding that if further grand jury proceedings were to be held, that certain
categories of exculpatory information be submitted to the grand jury, as required by DOJ policy.
● Sent a letter to the Department demanding an investigation into the leaks about the grand jury investigation and the
disclosure of the September 12, 12:21 pm email.
● Canvassed more than 75 former U.S. Attorneys on whether they had ever resubmitted a case to a grand jury after the
grand jury voted not to indict. No one who has responded to the canvass reported ever doing so.
● Contacted the U.S. Attorney’s office to obtain information on the status of this investigation.

The U.S. Attorney’s Office has not responded to any of the letters described above, nor have the letters even been
acknowledged. Further, the U.S. Attorney’s Office has declined to provide any information about the status of this matter.
We are considering a range of options in response to that lack of information and the troubling events of the past week.

This investigation has been fatally flawed from its inception. It has been irrevocably tainted by the President’s targeting of Mr.
McCabe for prosecution. The investigation has now dragged on for more than 18 months with no resolution in sight. It is
deeply unfair to Mr. McCabe and his family. It is a waste of governmental resources. The U.S. Attorney’s Office should
close this investigation immediately and move on to fight battles more worthy of the traditions of the Department of
Justice.

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