It is correction time for this. I think.
As best I can tell, McCabe had two suits pending. One was his "wrongful termination" action while the second was a FOIA request for employment manuals and related material. It looks like the FOIA action is the one that was dismissed, not the wrongful termination complaint. Sorry about that. I'm not sure why he did it this way, instead of simply using the normal discovery process. Probably just as a delay tactic since there would be no objection to turning over the requested material - at least some of which was already publicly available.
Case 1: FOIA (18-cv-01389) - filed May 2018
Case 2: Wrongful dismissal: (19-cv-02399) - filed Aug 2019
The FOIA lawsuit was dismissed "with" prejudice against the DOJ & the IG meaning it cant be filed again. But it was dismissed against the FBI "without" prejudice, meaning it could be re-filed against them (but very unlikely). And, he did avoid having to pay atty fees.
There is not much out there with regard to the wrongful termination case as what motions have be filed were made under seal.
Dropping his FOIA case could be a precursor to dropping the wrongful dismissal case. And the timing with regard to Durham's recent action at least suggests McCabe may be cooperating with that. We will find out soon enough.
Last edited: Oct 26, 2019