This is an interesting employment law case, and you can read the full complaint here. McCabe raises several arguments:
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| Andrew McCabe - Public Domain Portrait |
- You can't fire me, I quit! - He claims he completed all of his work for the pay period in which he was fired, and therefore had effectively retired by the time he was terminated;
- Even if I was fired, where's my due process? - He claims the FBI failed to follow the statutory framework for terminations and deprived him of due process under the Fifth Amendment to the Constitution; and
- Partisan witch hunt! - He claims he was targeted for partisan reasons based on his perceived political affiliations, political expression, and intimate association.
- Mandamus! - The complaint begins by quoting Marbury v. Madison and ends with a request for mandamus (a con law nerd's dream) directing the FBI to recognize him as retired.
Will he win? Who knows. These claims all seem plausible on their face. But, let's not forget, he was fired for allegedly leaking information to the media and a "lack of candor" in interviews with investigators. A legitimate reason can go a long way in wrongful termination lawsuits.
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