Can Andrew McCabe sue to recover his pension ?

[DemocratSinceBirth]

I am not necessarily asking if he can prevail but can he sue. If he can, his lawyers can depose Trump and other members of his crime family ?

[safeinOhio]

1. Discovery.

Might sink the ship.

[Wounded Bear]

2. I'm assuming he can...

Evidence in the public media points at a vindictive move by the Trump admin.

[onenote]

3. He can file a suit, but chances are it won't even make it to discovery

[SCantiGOP]

15. And if it did

It would be years from now.
Mueller’s on the case, we don’t need other ways to get to Trump.

[marylandblue]

4. There is an appeal board for federal employees

He goes there first, and if he doesn't like the decision, he can go to court.

[Hoyt]

5. He still has most of his pension, but he has to wait until 57 to start

drawing it. He'll have plenty of job opportunities, as well.

[femmocrat]

11. I was kind of rationalizing about that too, but...

He deserves every penny of that pension. He earned it over 22 years. I want to see him get his pension plus damages if that is possible.

[Hoyt]

16. I hear you. I'm not sure why trump had it in for McCabe because

McCabe was apparently instrumental in the criticism of Clinton that may have cost her election.

I'm not sure McCabe is a friend of ours. But, do hate to see someone Lise a full pension and get bullied by trump.

[yallerdawg]

6. Wrongful termination at the very least.

IG reports are just that - reports.

Sessions had recused himself, should have recused himself. This couldn't be more political. We all know he "got the message."

These spiteful, nasty, vile troll tweets from the jackass identify the same stupidity of interference and obstruction as with the Comey firing comments to NYT reporters. Merely a great big FU to anyone who doesn't buy his RWNJ conspiracy crap to discredit the FBI and DOJ as they close in on this moronic felon temporarily occupying the White House.

No reasonable prosecutor will stop short of this sociopath being behind bars.

[Horse with no Name]

7. As Ive said. I work for the state.

My time and pension travel with me from state job to state job.
If only the Post Office or other federal entity would hire McCabe for a couple of days....his pension should be intact.

[EffieBlack]

10. I agree

If he takes any federal job, he can retire from there.

It would be great if a Member of Congress hired him as a senior adviser or counsel for a few days - but it's possible that he may need to be in the executive branch or federal law enforcement report for those extra days to qualify for the full 1.7% multiplier to apply.

[femmocrat]

12. That's a terrific idea!

Hope someone will step in and set this right.

[Horse with no Name]

13. I dont think the amount of time we are speaking of

Would change the factor. They would just have to bring in at the same salary. It is the time issue. Not the money issue.

[cally]

14. I don't think it has to be at the same salary

Retirement is based on average of last several years. Just has to be hired for a few days. A congressperson could hire for a few days and he could file for a day or two.

[EffieBlack]

17. I think you're right

McCabe is eligible for early retirement at 50 following 20 years of service.

Most federal retirees have their pension calculated as follows: Average Annual Salary for their highest paid 3 years X number of years of service X 1.0%. But law enforcement retirees' pension is calculated using 1.7% instead of 1.0%, a significant bump.

As a law enforcement officer, McCabe is entitled to the 1.7%

He already has the 20 years in, so that's not an issue. He turns 50 on Sunday - that's the trigger.

In order to early retire, the employee must retire from their job, i.e., retire while in active duty. By summarily firing him, Trump/Sessions took away that opportunity.

But he just needs to be get another federal job and then retire from that one and he's good to go.

That's my reading. Your thoughts?

[EffieBlack]

8. Oh, yes

And he'll have a strong case.

[GreenEyedLefty]

9. Yes he can. He can make a case for retaliation.

It's crystal clear to me.