SDNY U.S. Attorney Geoffrey Berman Defies Barr’s Attempt to Oust Him

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The timing of the attempted ouster is also highly suspect

Photo: Johannes Eisele/AFP via Getty Images Late Friday night, Attorney General William Barr released a statement announcing that U.S. Attorney Geoffrey Berman was “stepping down” as the top federal prosecutor for the powerful and fiercely independent Southern District of New York, that President Trump planned to nominate Securities and Exchange Commission Chairman Jay Clayton — who has no prosecutorial experience — to replace him, and that Trump was appointing the current U.S.

“I learned in a press release from the Attorney General tonight that I was ‘stepping down’ as United States Attorney,” Berman said in a statement released by the SDNY. “I have not resigned, and have no intention of resigning, my position, to which I was appointed by the Judges of the United States District Court for the Southern District of New York.”

Since Berman was not nominated by the president and then confirmed by the Senate as is traditionally the case with U.S. attorneys, but was appointed by the federal court in his district, the law is likely on his side when it comes to whether or not Barr can remove him before his replacement is confirmed.

According to one of the New York Times’ sources, Barr asked Berman to resign then tried to fire him after he refused, and Trump and his advisers have reportedly wanted Berman gone for some time — dissatisfaction which began when Berman and the SDNY went after Michael Cohen as part of the Stormy Daniels hush-money probe.

 

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Some one will not go quietly into the night...

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