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Andrew McCabe has been fired.
At 9:59 p.m. Friday night, Attorney General Jeff Sessions acted on a prior report of the Office of Inspector General (“OIG”)–as well as the recommendation of a career official with the Office of Professional Responsibility (“OPR”)–and ousted the 20-year veteran of the Federal Bureau of Investigation (“FBI”) who had recently gone on extended sick leave to remove himself from the daily law enforcement-like activities of the Donald Trump administration…
Tom Devine, who heads the Government Accountability Project noted in an aptly brief summary of the non-applicable law here, “There’s no statutory basis to go to court.”
Essentially, McCabe cannot even access the MSPB’s protections as a basic matter or law. So, that’s out.