Former FBI Deputy Director Andrew McCabeAndrew George McCabeAndrew McCabe says Nassar case represents 'worst dereliction of duty' he's seen at FBI Capitol Police warning of potential for violence during rally backing rioters: report McCabe says law enforcement should take upcoming right-wing rally 'very seriously' MORE said Saturday that he will not appear at a hearing in front of the Senate Judiciary Committee next week after two of its members tested positive for COVID-19.
McCabe was set to testify in front of the judiciary panel on Tuesday as part of its investigation into the origins of the FBI’s Russia probe but said he felt attending would be tantamount to putting his family at risk after Sens. Mike LeeMichael (Mike) Shumway LeeEconomy adds just 235K jobs in August as delta hammers growth Lawmakers flooded with calls for help on Afghanistan exit Afghanistan fiasco proves we didn't leave soon enough MORE (R-Utah) and Thom TillisThomas (Thom) Roland TillisGOP senators unveil bill designating Taliban as terrorist organization Without major changes, more Americans could be victims of online crime How to fix the semiconductor chip shortage (it's more than manufacturing) MORE (R-N.C.), who sit on the committee, tested positive.
"Mr. McCabe was still prepared to testify voluntarily and in person on October 6 as recently as the latter part of this past week. However, since that time, it has been reported that at least two members of your Committee – Senators Mike Lee and Thom Tillis – have tested positive for Covid-19, and it may well be that other members of the Committee and staff who plan to attend the hearing will test positive between now and then, or may have been exposed to the virus and may be a carrier. Under these circumstances, an in-person hearing carries grave safety risks to Mr. McCabe, me, and senators and staff who would attend,” McCabe’s attorney wrote to Sen. Lindsey GrahamLindsey Olin GrahamThe Hill's Morning Report - Presented by National Industries for the Blind - Tight security for Capitol rally; Biden agenda slows Trump offers sympathy for those charged with Jan. 6 offenses Lindsey Graham: Police need 'to take a firm line' with Sept. 18 rally attendees MORE (R-S.C.), the committee’s chairman.
"Mr. McCabe is willing, able, and eager to testify in person about Crossfire Hurricane at any time in the future when it is safe to do so. But he is not willing to put his family’s health at risk to do so," he continued. "For these reasons, we are unwilling to appear in person for the October 6 hearing; and for reasons of fairness, we are unwilling to testify remotely. A fair and appropriate hearing of this kind — which is complex and contentious — simply cannot be conducted other than in person."
Graham has been spearheading an investigation into the FBI’s Russia investigation and former special counsel Robert MuellerRobert (Bob) MuellerSenate Democrats urge Garland not to fight court order to release Trump obstruction memo Why a special counsel is guaranteed if Biden chooses Yates, Cuomo or Jones as AG Barr taps attorney investigating Russia probe origins as special counsel MORE’s subsequent inquiry. The investigation is also looking into the courts created by the Foreign Intelligence Surveillance Act.
Mueller’s 22-month probe did not find enough evidence to charge members of the Trump campaign over allegations they coordinated or conspired with Moscow to sway the election in their favor.
Democrats have panned Graham for pushing what they call a partisan investigation intended to boost President TrumpDonald TrumpKinzinger says Trump 'winning' because so many Republicans 'have remained silent' Our remote warfare counterterrorism strategy is more risk than reward Far-right rally draws small crowd, large police presence at Capitol MORE in the lead-up to Election Day.
Mueller has declined to testify in the hearing, but former FBI Director James ComeyJames Brien ComeyGiuliani told investigators it was OK to 'throw a fake' during campaign DOJ watchdog unable to determine if FBI fed Giuliani information ahead of 2016 election Biden sister has book deal, set to publish in April MORE did appear in front of the judiciary panel last week, defending the bureau’s investigation.
“I would say in the main it was done by the book, it was appropriate and it was essential that it be done ... There are parts of it that are concerning … but overall I’m proud of the work,” Comey said.