Former FBI Deputy Director Andrew McCabe will not testify before the Senate Judiciary Committee next week because two of its members tested positive for COVID-19, his lawyer said Saturday.
Mr. McCabe was scheduled to appear in front of the panel on Tuesday as part of its deep dive into the origins of the FBI’s probe into allegations of collusion between President Trump’s 2016 campaign and Russians who interfered in that year’s election.
But after Republican Sens. Mike Lee of Utah and Thom Tillis of North Carolina tested positive for COVID-19, Mr. McCabe’s lawyer nixed the appearance.
“Under these circumstances, an in-person hearing carries grave safety risks to Mr. McCabe, me and senators and staff who would attend,” attorney Michael R. Bromwich wrote in a letter to committee chairman Lindsey Graham, South Carolina Republican.
“Mr. McCabe is willing, able and eager to testify in person…. but he is not willing to put his family’s health at risk to do so. For these reasons, we are unwilling to appear in person for the October 6 hearing,” the letter continued.
A spokesperson for Mr. Graham did not immediately respond to a request for comment.
Mr. Browmwich said that his client was unwilling to testify remotely because a witness answering questions via video conference is “at a distinct disadvantage.” The letter referenced the recent testimony of former Deputy Attorney General Sally Yates in August, claiming she was interrupted by senators so much that her answers, at times, were not understandable.
The Senate Judiciary Committee has opened an investigation into the FBI’s Russia probe, dubbed Crossfire Hurricane, as well as the bureau’s dealings with the Foreign Intelligence Surveillance Act.
In addition to Mr. Yates, ex-Deputy Attorney General Rod Rosenstein and former FBI Director James Comey have also testified as part of the investigation.
