Andrew McCabe testifies before a House Appropriations subcommittee. Photo: Pete Marovich / Getty Images

A recommendation to fire former FBI Deputy Director Andrew McCabe is reportedly under review by Attorney General Jeff Sessions, according to the New York Times.

What's going on: Citing people briefed on the matter, McCabe's possible termination stems from a DOJ inspector general's report which said that McCabe was not "forthcoming enough" during a review that investigated his 2016 decision to allow FBI officials to speak with reporters about an investigation into the Clinton Foundation. The matter sparked an FBI disciplinary review which advised McCabe's termination. The final decision is ultimately up to the attorney general.

Between the lines: McCabe is set to retire on Sunday. The 21-year career employee of the FBI has faced months of scrutiny from President Trump, stemming from the agency's approach to various investigations which drew claims of political bias as well as political donations that his wife received from prominent Democrats during her 2015 state Senate run in Virginia. If he is fired before his retirement is effective, McCabe's pension could be in trouble. McCabe has not responded for comment.

What they're saying: "The Department follows a prescribed process by which an employee may be terminated. That process includes recommendations from career employees and no termination decision is final until the conclusion of that process. We have no personnel announcements at this time," Justice Department spokeswoman Sarah Isgur Flores said in a statement to the NYT.

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Coronavirus dashboard

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  1. Global: Total confirmed cases as of 9 p.m. ET: 31,778,331 — Total deaths: 974,436 — Total recoveries: 21,876,025Map.
  2. U.S.: Total confirmed cases as of 9 p.m. ET: 6,943,078 — Total deaths: 201,930 — Total recoveries: 2,670,256 — Total tests: 97,459,742Map.
  3. Health: CDC director says over 90% of Americans have not yet been exposed to coronavirus — Supply shortages continue to plague testing.
  4. Politics: Missouri Gov. Mike Parson tests positive for coronavirus — Poll says 51% of Republicans trust Trump on coronavirus more than the CDC.
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  6. Vaccines: Johnson & Johnson begins large phase 3 trial — The FDA plans to toughen standards.
  7. Sports: Less travel is causing the NBA to see better basketball.
  8. Future: America's halfway coronavirus response

Biden: Breonna Taylor indictment "does not answer" call for justice

Former Vice President Joe Biden. Photo: Leigh Vogel/Getty Images

Former Vice President Joe Biden on Wednesday condemned the grand jury indictment of a Louisville police officer who entered Breonna Taylor's home in March in a botched drug raid that led to her death, saying in a statement the decision "does not answer" for equal justice.

The big picture: Biden called for reforms to address police use of force and no-knock warrants, while demanding a ban on chokeholds. He added that people "have a right to peacefully protest, but violence is never acceptable."

Trump refuses to commit to peaceful transfer of power if he loses

President Trump repeatedly refused to say on Wednesday whether he would commit to a peaceful transition of power if he loses the election to Joe Biden, saying at a press briefing: "We're going to have to see what happens."

The big picture: Trump has baselessly claimed on a number of occasions that the only way he will lose the election is if it's "rigged," claiming — without evidence — that mail-in ballots will result in widespread fraud. Earlier on Wednesday, the president said he wants to quickly confirm a replacement for Justice Ruth Bader Ginsburg because he believes the Supreme Court may have to decide the result of the election.

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