CNN "Erin Burnett Outfront" - Transcript: FBI Director McCabe

Interview

BREAK IN TRANSCRIPT

OUTFRONT now, the Democrat congressman from New York, Gerry Nadler, the ranking member of the House Judiciary Committee.

So, obviously, this is what you oversee. I mean, what are you hearing right now? I know we thought we would hear about this about an hour ago. We have not yet gotten an update from the attorney general.

REP. JERRY NADLER (D), NEW YORK: All I've heard is what's publicly available is Attorney General Sessions is considering whether to fire deputy FBI Director McCabe. And that, of course, McCabe's size of this pension is at stake.

He is retired effective Sunday which is 50th birthday. The question is whether Sessions will fire him in order to deprive him of most of his pension or much of his pension.

BURNETT: Is that what he would be doing, though? I mean, I know there's one way of looking at it, but it would be doing it to, you know, the president has wanted him to do it, the president's been public about his feelings about McCabe, he would deprive him of his pension. But we do know the inspector general report, which we have not seen fully, but which is essentially the HR department at the FBI. And their recommendation was McCabe misled investigators about what FBI agency authorized to speak to the "Wall Street Journal" for an article, and that was about the Clinton Foundation.

It was misleading and that basically H.R. department --

NADLER: A firing offense.

BURNETT: -- recommend that he'd be fired.

So, Sessions would, if he follows that, be doing the right thing?

NADLER: Well, that depends. I mean, Sessions, I hate to say it because I have no great sympathy for Sessions, but he is in a difficult place because of the actions of the president. It may to or may not be correct, it may or may not be adequately supported because we don't know the details.

BURNETT: The I.G. report itself, right.

NADLER: Right, in effect, if McCabe misbehaved in order to be fired.

On the other hand, the president has improperly and repeatedly reached into the FBI and criticized McCabe essentially for not towing the line, asked him how he voted, asked him whether he was loyal to him, criticized the fact that his wife ran for the state Senate as a Democrat.

[19:50:16] BURNETT: Right.

NADLER: And has repeatedly criticized Sessions for not disciplining McCabe. So, if McCabe -- if Sessions were to fire him, there would certainly be an appearance, and maybe the reality that he was doing it --

BURNETT: Caves to his boss.

NADLER: Caves to his boss, which would be highly improper reason. On the other hand, maybe he's doing it for the right reason. And this is one reason why it's wrong for the president to make comments about a career FBI official.

BURNETT: So, you know, a former FBI agent told us that he'd seen FBI agents kept their jobs after it has gone through the system, allegations of domestic assault, tax evasion, sleeping with witnesses, sleeping informants, all of that, and kept their jobs, but never lying -- never once lying. You know, it's clear to the FBI honesty is the single most important thing. And other agents said, you know, when they put their hand up and say, so help me God, juries believe them, because honesty is the most important thing.

I mean, that kind of puts the question. How can the FBI fire its deputy if he was not forthright, which by the way appears to be the issue?

(CROSSTALK)

NADLER: How can't it not fire --

BURNETT: I'm sorry, how can they not fire? Right.

NADLER: Well, the answer is it can, but, of course, he denies that he was not forthright. We haven't seen the --

BURNETT: The full report.

NADLER: -- inspector general's report.

BURNETT: Yes.

NADLER: They do seem to be doing this with great haste, apparently greater than usual. I don't know. But, again, it shows why it was -- one of the reasons why it was so wrong for the president to put political pressure in effect on the FBI direct -- on the attorney general to be against McCabe.

BURNETT: Do you think this is about doing the right thing? You talk about the report being rushed by the way from what is supposed to be the unbiased inspector general's office, you know, (INAUDIBLE) about the FBI or is it about his pension.

NADLER: The inspector general is widely respected.

BURNETT: You are not trying to question that?

NADLER: Not at all.

BURNETT: So, if that's their conclusion you would be more likely to believe it or do you think it's about somehow depriving him of his pension, which could be half a million dollars?

NADLER: Well, the purpose of firing someone in effect is to deprive him of his pension as the punishment. The question, is it being done fairly and for the proper reasons? Now, we haven't seen the inspector general's report and it's hard to judge. I believe the inspector general is a man of integrity and so forth, and believes what he is saying.

On the other hand, the decision has to be made by the attorney general, and the attorney general has been the object of highly improper pressure by the president.

BURNETT: And the attorney general obviously under great pressure tonight, and not sure what to do or stalling on what to do. He is in a tough spot.

Congressman, thank you very much.

NADLER: You're welcome.

BREAK IN TRANSCRIPT

Source