5'2?53 sheaths no? 5:15;; . . .. FEDERAL BUREAU OF INVESTIGATION Ehn?monkn?om?nun?n?h?t FD- 5-5-10} .4. title: Protocol regarding Potential Conflicts page; Ud!29!2015 of Interest cc: Carl Ghattas Gregory Cox Jennifer A. Leonard SKULE JOSHUA H.L. Scott Bean, From: WASHINGTON FIELD 233:3; I be Approved By: MCCABE ANDREW 8 b6 nfted I I b7C Case in a: ass?we?zasms?s to} ETHICS PEIVILEGED COMMUNICATIONS DR KORE PRODUCT Do not disseminate outside the FBI without the permission of the Office of the General Counsel. RESTRIEIED so EASE HEREICIPAHTS This document contains information that is restricted to case participants. synopsis: Documents protocol to be followed for matters in which the EDIE has a potential conflict of interest due to his wife?s State Senate campaign. Details: In March 2015, Dr. Jill McCabe announced her candidacy for Virginia State Senate? Dr. McCabe is the wife of Washington Field Office ADIC Andrew McCabe. Prior to Dr. McCabe's official announcement, the hurt consulted with individuals within WED and FBIHQ to identify limitations on his participation in her campaign and to identify areas where Dr. enemasrnooimw- 111151.335 I Title: Protocol regarding Potential Conflicts of Interest he: 04!29!2015 McCabe's campaign may present potential conflicts of interest for the shit in HEB investigations and operations. HFO has a robust public corruption program which seeks to identify, investigate and prosecute individuals and entities involved in public corruption within HFD's area of responsibility. to include the area of northern Virginia Dr. McCabe seeks to represent. Specifically. on D3fllf2015, ADIC HcCabe and met with no Patrick Kelly, Office of Integrity and Compliance, and General Counsel James Baker. AD Kelly and GC Baker reviewed with the provisions of the Hatch Act and provided specific parameters under which the ADIC may be involved in Dr. HcCabe's campaign. The ADIC and arcoc : slsd addressed with to Kelly and at Baker the potential for conflicts of interest that may arise in NED operations and investigations. the ADIC with a copy of the Hatch Act as well as relevant portions of the FBI Ethics and Integrity Program Policy Guide for his review and reference. b6 b7C With regard to potential conflicts of interest presented by the ADIC's position in the Hashington Field Office and the work done by WED, Criminal Division Jennifer Leonard and b5 identified several areas where the ADIC's disassociation would be b7c appropriate. Specifically, all public corrUption investigations arising out of or otherwise connected to the Commonwealth of Virginia present potential conflicts, as Dr. McCabe is running for state office and is supported by the Governor of Virginia. Therefore, out of an abundance of caution. the ADIC will be excluded from any involvement in all such cases. Additionally, A/Shc Leonard with axasncl: are: conducted an initial reviev of pending b5 investigations in the WED Criminal Division to identify cases that present a potential conflict of interest. These cases have-been identified to will be included in the matters in which the ADIC may take no part, either by being briefed or in the decision?making process. Title: Protocol regarding Potential Conflicts of Interest Re: Recognizing conflicts of interest may arise in any investigative classification, WED will assess all other matters on a case-by-case basis and adopts the following protocol for review of such cases: Prior to opening any investigation that may present an actual or perceived conflict of interest, the matter will first be reviewed by the are CDC. Upon determination by the CDC that no potential conflict of interest is present, the case may be briefed to the ADIC as necessary, and he may be involved in all matters related to the investigation regularly requiring his review andfor approval. Should the CDC determine a potential conflict of interest exists, the case agent and appropriate ASAC and SAC will be notified and the ADIC will be excluded from all aspects of that case to include. but not limited to, briefings, case updates, operations, intelligence, and any matter related to the investigation. All communications in such cases will carry an administrative note stating the matter is restricted per this serial serial 128}. . If at any time during the course of an investigation a concern arises as to whether or not an actual or perceived conflict of interest exists, the investigation will be immediately reviewed by the CDC before any further briefing to or other involvement by the ADIC, following the same protocol described above. The BBC will maintain a list of cases from which the ADIC is excluded, and may review these cases with the case agent as necessary to determine if the potential conflict continues to exist. All WFO sets are included in this communication for situational awareness should any matter arise within their division that presents a potential conflict of interest. In such instances, the same protocol described above will be followed. This protocol will be reassessed and adjusted.as necessary and at the conclusion of Dr. McCabe's campaign in November, 2015. 3 Title: Protocol regarding Futentiai Conflict: of Interest Re: mummi?e? nuwuo 1 Lanna - rage 1 GI 15 WARNING: Information avaiiabie through SharePoint is subject to the Privacyr 1974. Read More KELLEY, PATRICK w. [00} Client Name (Current FBI Employees) . MCCABEJ ANDREW G. (FBI) )4 Client Name (Former Employees or Employees) Last Name, First Name Use for persons with no email address CDC Client 0 Yes No Check "Yes" if this is 3 ca? from a CDC on behalf of FOfdivision employee. Check if not a CDC or a CDC calling on his or her own behalf. Division or Field Office WF Do not type the full name of the FBI division of field office. instead type the 2.3.4.5 letter acronym. WF is correct. not Washington Field. of WFD. This help sort the information for our stats reports to the Deputy Director. initial Contact Method 0 Phone 0 Email 5} In person 0 Specify your own value: Initial Contact Date driliZOlS [ml Requested Due Date 5 I I Summary Of Request and Provided His wife is running for partisian political State office. Reviewed Hatch Act regs and gave him the cite the is an attorney). Discussed . their application?~his CDC there; GC joined discussion half-way . through. I b5 [Also reviewed disqualification/recusal requirements. He has already put in place filtering arrangements within his office alth0ugh State falls under -jurisdiction of different field office. b6 b7E I 10/27/2016 _1 .. Ethics Advice Tracker - 4 Date Completed Explanation of Delay Category PGSER Form PGSER ReviEwer PGSER Letter Submitted PGSER Letter Signed PGSER Letter Redacted Version: 2U Created at 11:32 AM by Last modified at 834/2015 11:0? AM by KELLEY, PATRICK w. (DO) (FBI) Page 2 of 2 Lessee .. Conflicts of Interest 0 financial Disclosure Reports 0 Fundraising 0 Gifts Between Empioyees 0 Gifts from Domestic and Private Sources 0 Gifts from Foreign Governments Gifts to'the FBI Interacting w! Contractors 0 Outside Employment/Activities 0 Teaching, Speaking, Writing 0 Advice - Post Government Service Employment Restrictions 0 Letter - Post Government Service Employment Restrictions Political Activities (Hatch Act) 0 Retaliation 0 Use of FBI Property 0 Use of FBI Time 0 Use of Gov?t Vehicle 0 Use of Position (ltrs of Recommemotion/Endorsements) WAG requests and approvals 0 General Ethics Issue 0 Non-Ethics Issue (compliance matter or other topic) 5 Enter a name or emaii a Select "yes" if you have provided records keeper with a redacted copy of the letter for the semi annual report to This should he done at the time the final letter is provided to the employee. Save - Cancel 136 1370 136 b'ir'E I 0/271?2016 October 24, 2016 ?verview of Deputy Director McCabe?s Recusal Related To Dr. McCabe?s Campaign for Political Of?ce N??l?ii T0 EXECUTWES: The purpose of this document is to provide FBI executive management with a factual basis by which to inform discussions with employees or interested parties in the community. This document is not for distribution, either internally or externally. Executive Summary On Monday, October 24, 2016, the Wall Street journal published a front page story that detailed Deputy Director Andrew McCabe?s recusal from matters that may have presented an actual or potential con?ict- of-interest while his wife, Dr. Jill McCabe, ran for political office in Virginia. - In the story, a timeline of events draws a comparison between positions held by Andrew McCabe and the investigation into Secretary Clinton's email server. The timeline misstates when McCabe was promoted to Associate Deputy Director and makes invalid associations between the events. The story can be found here. Talking Points Below is the full statement provided to The Wall Street journal: "When Jill McCabe first considered running for the state Senate seat, ADIC McCabe consulted with top FBI headquarters and ?eld of?ce ethics officers for guidance, including brie?ngs on the Hatch Act, to prevent against any actual or potential con?ictwof?interest, in the event she decided to go forward. When she chose to run, ADIC McCabe and FBI lawyers implemented a system of recusal from all FBI investigative matters involving l.lirginia politics, a process followed for the remainder of her campaign. During the campaign, he played no role, attended no events, and did not participate in fundraising or support ofany kind. Months after the completion ofher campaign, thenaAssociate Deputy Director McCabe was promoted to Deputy, where, in that position, he assumed for the first time, an oversight role in the investigation into Secretary Clinton?s emails." Frequently Asked Questions Did Andrew McCabe have any oversight of the investigation into Secretary Clinton's email server while his wife was running for political of?ce? No. The FBI investigation into Secretary Clinton's email server began in luly 2015 after a referral was received by the Intelligence Community Inspector General. At that time, Andrew McCabe served as the Assistant Director in Charge ofthe Washington Field Of?ce and had no oversight of the investigation. lill McCabe lost the election on Nov. 3, 2015. It was not until he assumed the position of Deputy Director in February 2016 that he had oversight ofthe investigation, well after her political campaign had concluded. Did he recnse himself from any matters involving politics in Virginia? Yes. From the ?rst contemplation that his wife would run for of?ce in Virginia, then-ADIC McCabe sought out and consulted with ethics of?cers, which included brie?ngs on the Hatch Act. Once Jill McCabe decided to seek of?ce, there was a system of recusal put in place to prevent any real or potential con?icts of interest. This system was adhered to throughout Jill McCabe's campaign for of?ce. it was not until months after Jill McCabe's campaign had ended that Andrew McCabe ?rst entered a role in which he assumed an oversight role in the investigation into Secretary Clinton?s email server. Prior to that point in February 2016, McCabe was not in a position that required a recusal in that investigation as he had no oversight ofit. Did he provide any support to his wife's campaign? No. McCabe played no role, attended no events and did not participate in fundraising or support of any kind. Dr. Mc?ahe announced she planned to run for Virginia state senate in mid March 2015. Earlier that month the New York Times reported Hillary Clinton used a private e-mail server while serving as Secretary of State. In March Clinton also acknowledged using private e?mail. is it relevant that the existence of Secretary Clinton's email server was reported in the same month that Dr. McCahe announced her candidacy for state senate? No. The FBI was not conducting an investigation regarding Secretary Clinton in March 2015. Four months later in July 2015 the State Department Inspector General made a referral to the FBI for investigation. The allegation centered on the possibility Clinton had classified e-mail on her personal system. At the time of the referral Mr. McCabe was serving as ADIC at WFO and was not supervising the Clinton investigation. While at WFO did Mr. McCabe provide assistance to the Clinton investigation? After the referral was made, FBI Headquarters asked the Washington Field Of?ce for personnel to conduct a special investigation. McCabe was serving as and provided personnel resources. However, he was not told what the investigation was about. In February 2016 McCabe became Deputy Director and began overseeing the Clinton investigation. Kelley, Patrick W. (DO) (FBI) From: Mooabe, Andrew G. (DO) (FBI) Sent: Tuesday, November 01, 2016 2:00 PM To: Steinbach. Michael B. (DO) Prieatap, E. W. (CD) (FBI) he Co: Baker. James A. (OGC) Kelley. Patrick w. (DO) (Fer); hm Bowdich, David L. (DO) (FBI) - Subject: Mid Year Mike 8: Bill: As of today i am voluntarily recusing myself from the ongoing Mid Year investigation. I will continue to respond to congressional requests for historical information as necessary. Andrew G. McCabe Deputy Director Federal Bureau of Investigation b6 h7C .btmos Aowoe 'l?racicer - WARNING: Information available through SharePoint is subject to the Privacy Aclof1974. Read More Client Name (Current FBI Employees) Client Name (Former Employees or Employees) CDC Client Division or Field Office Initial Contact Method initial Contact Date Requested Due Date Summary of Request and Advice Provided Page 1 of 2 KELLEY. PATRICK w. [00) - MCCABE, ANDREW G. Last Name, First Name Use for persons with no email address 0' Yes No Check "Ves" it this is a call from a CDC on behalf oi FOId?wision employee Check if not a or a CDC calling on his?or her own behalf. we Do not type the full name of the FBI division of field office. instead type the 2,3,44,5- letter acronym. WF is correct, not Washington Field, of WFO. This help sort the information for our stats reports to the Deputy Director. 0 Phone 0 Email in person 0 Specify your oven value". 24/22/2015 . ifs": to i Disqualification advice. His spouse running for office; we have - previously reviewed Hatch Act prohibitions] b5 136 hi?: 10/27/2016 MUVIUC lldULCl Date Completed Explanation of Delay Category PGSER Form PGS ER Reviewer PGSER Letter Submitted PGSER Letter Signed PGSER Letter Redacted Version 2.0 rage or a Esteem? . fit 0 Conflicts of Interest C) Financial Disciosure Reports 0 Fundraising 0 Gifts Between Employees 0 Gifts from Domestic and Private Sources 0 Gifts from Foreign Governments 0 Gifts to the FBI Interacting wr? Contractors 0 Outside EmploymentXActivities Teaching, Speaking, Writing 0 Advice - Post Government Service Employment Restrictions 0 Letter - Post Government Servico Employment Restrictions Political Activities (Hatch Act) 0 Retaliation C) Use of FBI Property 0 Use of FBI Time 0 Use of Govt Vehicle Use of Position {ltrs of Recommendation/Endor'sements} WAG requests and approvals 0 General Ethics Issue 0 Non~Ethics Issue (compliance matter or other topic} - Enter a name or email El . lfi El Select "yes" if you have provided records keeper with a redacted copy of the letter for the semi annual report to This should be done at the time the final letter is provided to the employee. Save Cancel Created at 3f13f2015 1173? AM by KELLEY PATRICK W. DO lilsl modified Bl 8f24f2915 11:07 AM by (FBI) b5 136 FIG b7E 10/271201 6 t. .63: ?uvm: tluuncr b6 WARNING: Information available through SharePoint is subject to the . I Privacy ?nd of 1974. Read More I kDOl (H3) {at Cllent Name (Current FBI EmployEES) MCCABE ANDREW G. (DO) Client Name {Former Employees or Employees} Last Name, First Nan-1e Use for persons with no FBlNet email address CDC Client 0 Yes 69 No Check "Yes" if this is a call from a CDC on behalf of FO/division employee. Check if not a CDC or a CDC calling on his or her own behalf. Division or Field Office DO Do not type the full name of the FBI division of ?eld office. Instead type the 23,45 letter acronym. WF is correct, not Washington Field, of WFD. This help sort the information for our stats reports to the Deputy Director. initial Contact Method Phone Email (9 In person 0 Specify your own value: Initial Contact Date 6/3/2016 Requested Due Date Summary Reque?St and through assistant who asked re how to memorialize a recusaf. b5 136 BTU I impala 13211105 .HLUVIUE - Date Completed Explanation of Delay Category PGSER Form PGSER Reviewer PGSER Letter Submitted PGSER Letter Signed PGSER Letter Redacted lversion: 2.0 Created at 6f3f2016 5:47 PM by Last modi?ed at 6f9/2016 3:03 PM by PATRICK w. too) PATRICK w. too) (FBI) Page 2 of 2 refs/201's Con?icts of Interest 0 Financial Disclosure Reports 0 Fundraising 0 Gifts Between Employees 0 Gifts from Domestic and Private Sowces Gifts from Foreign Governments 0 Gifts to the FBI 0 Interacting w! Contractors 0 Outside EmpioymentKActivities 0 Teaching. Speaking. Writing 0 Advice Post Government Service Employment Restrictions 0 Letter Post Government Service Employment Restrictions 0 Political Activities (Hatch Act) 0 Retaliation C) Use of FBI Property Use of FBI Time 0 Use of Gov't Vehicle 0 Use of Position [itrs of RecommendationIEndorsements) WAG requests and approvals 0 General Ethics Issue 0 Non?Ethics Issue (compliance matter or other topic) i ganter a name or email address 'i . Select "yes" if you have provided records keeper with a redacted copy of the letter for the semi?annual report to 1301. This should be done at the time the ?nal letter is provided to the employee. . i Save 3 CanCel b6 b?E 12f7/2016