The Battle Between McCabe and Rosenstein
Two days after Comey was fired, on May 11, 2017, McCabe testified before the Senate Intelligence Committee. While the hearing’s original intent had been to focus on national security threats, Trump’s firing of Comey completely altered the topic of the hearing.
McCabe, who agreed that he would notify the committee “of any effort to interfere with the FBI’s ongoing investigation into links between Russia and the Trump campaign,” told members of Congress that there had been “no effort to impede our investigation to date.” In other words, McCabe testified that he was unaware of any evidence of obstruction from Trump or his administration. Notably, Comey’s May 3 testimony may have left McCabe with little choice other than to confirm there had been no obstruction.
McCabe, however, failed to inform the committee that he was actively considering opening an obstruction-of-justice probe of Trump—a path he would initiate in a meeting with Rosenstein just five days later.
On the morning of May 16, 2017, Rosenstein allegedly suggested to McCabe that he could secretly record Trump. It was at this meeting that McCabe was “pushing for the Justice Department to open an investigation into the president,” according to witness accounts reported by The Washington Post.
In addition to McCabe, Rosenstein, and McCabe’s special counsel, Lisa Page, there were one or two others present, including Rosenstein’s chief of staff, James Crowley, and possibly Scott Schools, the senior-most career attorney at the DOJ and a top aide to Rosenstein.
An unnamed participant at the meeting, in comments to The Washington Post, framed the conversation between McCabe and Rosenstein in an entirely different light,
Rosenstein would later tell members of Congress: “In one of my first meetings with then-Sen. Jeff Sessions last winter, we discussed the need for new leadership at the FBI. Among the concerns that I recall were to restore the credibility of the FBI, respect the established authority of the Department of Justice, limit public statements and eliminate leaks.”
Regarding the recommendation, Rosenstein said: “I wrote it. I believe it. I stand by it.”
McCabe’s FBI Reaches Out Again to Steele
Within days of Trump’s firing of Comey, the FBI, now under the leadership of acting-FBI Director Andrew McCabe, suddenly decided to reestablish direct contact with Christopher Steele through DOJ official Bruce Ohr.
The re-engagement attempt came six months after Steele had been formally terminated by the FBI on Nov. 1, 2016.
The FBI’s re-engagement of Ohr was highlighted during a congressional review of some text messages between Ohr and Steele:
Mr. Ohr: “The FBI had asked me a few days before, when I reported to them my latest conversation with Chris Steele, they had had would he—next time you talk with him, could you ask him if he would be willing to meet again.”
Rep. Jordan: “So this is the re-engagement?”
Mr. Ohr: “Yes.”
The texts being referenced were sent on May 15, 2017, and refer to a request that Ohr received from the FBI to ask Steele to re-engage with the FBI in the days after Comey had been fired on May 9.
This was the only time the FBI used Ohr to reach out to Steele.