Expert advises lawmakers against talking to Trump’s 'vindictive' FBI

Former FBI Deputy Director Andrew McCabe urged Democratic lawmakers to be careful if they decide to talk to members of Trump’s politicized FBI this week.

CNN reported the FBI is taking the “highly unusual step” of seeking to interview six Democrats that appeared in a recent public service announcement reminding military personnel to disregard illegal orders. This decision comes on the heels of Trump’s Pentagon seeking to reduce the military rank and pension pay of Sen. Mark Kelly (D-Ariz) for his participation in the same video.

What the FBI has issued is simply a request to sit down and provide information, and lawmakers are well within their rights to decline that request. But McCabe suggested declining the request to be the safest option.

“We don't have any indication that there's a subpoena or some sort of legal process that would compel them to sit down and provide testimony. … But I would add that in the current climate, what this administration has done in several of these vindictive sort of retribution-flavored investigations is go after people for things they said during testimony or interviews,” said McCabe. “The case against [former FBI Director Jim Comey is a perfect example.”

“So, if you're a member of Congress and you're thinking about sitting down with the FBI to explain why they're wrong about looking into this, you have to be really careful, because if you say something that can then later be characterized as a misstatement or an intentional misstatement, you could be charged with lying to a federal official,” McCabe said. “So, it's really very shaky ground here. And they should be very careful about.”

McCabe added that one of the FBI’s “most basic policies” is that “you never initiate an investigation or any investigative activity based solely on the expression of First Amendment protected speech.”

“And that is clearly what we have here, McCabe told CNN anchor Kate Bolduan. “This is a group of political people, a senator and five congressmen, talking about politics and encouraging other people to obey the law. You may not agree with their sentiment. You may think they should have minded their own business, or what have you, but that is nothing other than First Amendment-protected speech.”

Additionally, he said that what the lawmakers said was likely also covered by Congress's “Speech and Debate clause,” which protects members of Congress from any sort of repercussions, including criminal prosecution or investigation for things that they say and do in the course of their legislative duties.

But this does not mean a retaliatory and politicized FBI can’t try to embroil lawmakers in charges of lying to or misleading agents during routine interviews.

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