Federal judge delivers a blow to AG Barr in the battle against former FBI deputy director McCabe

[Yo_Mama_Been_Loggin]

U.S. Attorney General William Barr has insisted that former FBI Deputy Director Andrew McCabe, now a CNN contributor, was not fired for political reasons, but McCabe has maintained that the firing was, in fact, politically motivated. And a federal judge has ruled that McCabe's lawsuit against the U.S. Department of Justice can continue.

McCabe, in the lawsuit, has argued that his constitutional rights were violated when, in 2018, he was fired as deputy director of the Federal Bureau of Investigation. Barr filed a motion to dismiss the lawsuit, but this week, U.S. District Judge Randolph Moss denied Barr's request — allowing McCabe's lawsuit to proceed. And Moss, a Barack Obama appointee, set a schedule for discovery.

In civil and criminal cases, "discovery" is the process in which opposing sides must share evidence. So, under discovery rules, Barr has a right to know what evidence McCabe is presenting, and McCabe and his attorneys have a right to know what evidence Barr is presenting.

Reporter Matt Naham, in Law & Crime, explains, "McCabe, the judge noted, argued he was demoted as deputy director of the FBI in January 2018 and then 'fired from his career civil service position in March 2018 — on the night of his planned retirement.' McCabe maintained that this decision was 'based on his perceived political affiliation, decision not to vote for then-candidate (Donald) Trump in the 2016 presidential election, and unwillingness to pledge his personal loyalty to President Trump' — a violation of his First Amendment and Fifth Amendment rights."

https://www.yahoo.com/news/federal-judge-delivers-blow-ag-230059077.html

[Laelth]

1. On a Motion to Dismiss--here, Plaintiff won.

Then there’s discovery. Then Defendant will file a Motion for Summary Judgment (almost always frivolous, but a HUGE waste of time and resources). If Plaintiff wins, the case proceeds; if Plaintiff loses, plaintiff appeals or the case is over—Plaintiff loses, and Plaintiff’s Attorney has wasted a lot of time and money. Plaintiffs’ attorneys can’t afford to take losing cases, generally speaking. Assuming Plaintiff won the MSJ, then we deal with motions in limine to see what evidence will (or will not) be allowed to be considered by the jury. Then we craft a pre-trial order governing how the trial will be conducted and what jury charges (instructions) will be used, and then, maybe, we get to go to trial.

In civil cases, if a Plaintiff ever makes it through all of these hoops, Plaintiff should almost certainly win at trial. Juries don’t always understand this process, however. They often side with the defense, and, in cases like that, attorneys like me learn to be very careful about what cases we decide to take. We can’t afford to work on a case for years and not get paid.

Point here: This is no great win for Plaintiff, and it’s no great loss for Barr. There’s still a long way to go in this case. Nothing has been settled yet.

-Laelth