McCabe -- the former deputy and acting director of the FBI -- appealed the decision of the U.S. attorney for Washington all the way up to Jeffrey Rosen, the deputy attorney general, but he rejected that request, according to a person familiar with the situation.
The potential charges relate to DOJ inspector general findings against him regarding misleading statements concerning a Hillary Clinton-related investigation.
A source close to McCabe’s legal team said they received an email from the Department of Justice which said, "The Department rejected your appeal of the United States Attorney’s Office’s decision in this matter. Any further inquiries should be directed to the United States Attorney’s Office."