Mr. McCabe's lawyer, Michael Bromwich, said he was advised of the referral "within the past few weeks", has met with the U.S. Attorney's office and believes the referral is "unjustified".
The U.S. Attorney's Office declined to comment.
Such a referral does not automatically mean charges will be filed, and it would be up to the United States attorney's office to evaluate the referral and decide whether to prosecute McCabe.
The movement follows a current DOJ inspector general report that found McCabe leaked a narrative to the press and lied about this to investigators and then-Director James Comey, prompting Attorney General Jeff Sessions to shoot him.
"The offender referral from your IG may be the appropriate decision".
In addition, the inspector general determined that McCabe was not authorized to disclose the existence of the investigation because it was not within the department's "public interest" exception for disclosing ongoing investigations.
"The McCabe scenario illustrates exactly what an organization committed to the truth looks like", Comey explained. McCabe asked the official: "Are you telling me that I need to shut down a validly predicated investigation?"More news: Facebook Points Fingers at Other Companies Over Data Breach
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Separately on Wednesday, a contingent of Trump's supporters in the House referred a number of names to the Justice Department because they said former FBI Director James Comey, McCabe, Hillary Clinton and others might merit prosecution.
In an interview with CNN Thursday, Comey mentioned that he had no data of the referral, however confirmed that he could possibly be a witness towards McCabe if he's prosecuted.
Time will tell if Comey remains the Deep State's homey.
President Trump has blasted McCabe on Twitter since his firing, and since the release of the IG report.
"The OIG should credit Mr. McCabe's accounts over Director Comey's", Bromwich wrote to Horowitz at a letter, complaining that the title "paints Director Comey Being a white knight Cautiously safeguarding Federal Bureau of Investigation data, while overlooking Mr. McCabe's accounts is much more plausible..."
Comey seemed to defend the character of McCabe while financing the DOJ inspector overall probe's findings. Actually, the report fails to adequately deal with the proof (together with sworn testimony) and paperwork that show that Mr. McCabe suggested Director Comey repeatedly that he was working with the Wall Avenue Journal on the tales in query previous to publication. "Neither Mr. Comey nor the OIG is infallible, and in this case neither of them has it right".
Brooke Singman is a Politics Reporter for Fox Information.