Andy McCabe Slams Jack Smith for Giving Trump Advance Report: ‘A Huge Strategic Blunder’
Photos by Chip Somodevilla/Getty Images and Anna Moneymaker/Getty Images.
Former FBI official Andy McCabe sharply criticized former special counsel Jack Smith for giving President-elect Donald Trump an advance copy of the final reports on his federal cases, a move McCabe labeled a “huge strategic blunder.” McCabe aired his concerns during an episode of the Jack podcast with co-host Allison Gill.
The criticism stemmed from Smith’s decision to follow a precedent set by former special counsel Robert Hur, who provided Joe Biden with an early copy of his report on classified document mishandling. Gill noted this practice, while courteous, was not required by law or DOJ policy.
“It’s just leaving you vulnerable to be exploited, and I am coming down on the side that this was a mistake,” she said. McCabe agreed, calling the move a “massive self-inflicted injury.” He argued that Trump and his defense team have exploited every aspect of the judicial system and received unprecedented leniency.
“This case, in which the defense has taken advantage of every single aspect of our judicial system and been given more grace, more opportunity, and more privileges and consideration than any other defendant could ever have ever gotten or will ever get in this country [or] in any case. You don’t owe him anything! Period,” McCabe said.
He also questioned the rationale behind following Hur’s example, saying, “And since when are we following Rob Hur’s example to determine how to do our business?” The co-hosts discussed how the ordeal, including complications with Judge Aileen Cannon and the 11th Circuit Court of Appeals, might have been avoided if Smith had consulted Attorney General Merrick Garland and pushed for the release of the first volume of the report immediately.
Currently, the second volume remains secret because, although Trump’s case was dismissed, alleged co-conspirators are still under indictment. Gill described the situation as a “self-own.” The two also explored options for making the second volume public.
One possibility is for Biden to use presidential immunity, recently affirmed by a Supreme Court ruling, to release the report. Another option discussed was Biden issuing pardons to Trump’s alleged co-conspirators, which could allow the report to be disclosed sooner.
The debate highlights the challenges of balancing legal norms and strategic considerations in politically sensitive cases.
