Oops. Trump tried to fire the SDNY prosecutor but he’s refusing to resign.
Attorney General William Barr’s declaration he replaced Geoffrey Berman of the US Attorney’s Office for the Southern District of New York renewed the debate over the extent to which Barr is acting [i]n President Donald Trump’s interests rather than the nation’s. The office of Berman, who is refusing to quit, is leading a probe into Trump’s lawyer Rudolph Giuliani and associates and has also indicted a Turkish state-owned firm involved in an Iran sanctions-busting case which Turkey’s President Recep Tayyip Erdogan has raised with Trump.
Scores of former Justice Department officials had already called for Barr to quit over a series of interventions that appear specifically designed to benefit Trump politically.
So Barr decided to give them more of the same. He really wants to trash his own reputation.
Last night Berman issued a statement.
It doesn’t get much more bizarre than that. “The Attorney General said I have resigned; I have not resigned.” Basically: you’ll have to drag me out.
Late on Friday evening — the traditional dumping ground for controversial news stories — Barr issued a press release announcing Berman’s sudden resignation that said that he would be replaced by Jay Clayton, the head of the Securities and Exchange Commission, who has never served as a prosecutor.
On its own, Barr’s move was shocking since the Southern District of New York is one of the most prestigious and independent prosecutorial perches and typically handles highly sensitive financial, politically sensitive and terrorism cases.
On account of how a lot of sensitive financial and political stuff goes on in Manhattan. It ain’t Boise.
An already massive confrontation exploded further when Berman, in a stunning move, issued his own late-night statement rebuking Barr over his decision to oust him and refusing to go, arguing that since he was technically appointed by a panel of judges on an acting basis in 2018, Barr has no power to force him out and that he would continue to serve.
“I learned in a press release from the Attorney General tonight that I was ‘stepping down’ as United States Attorney. 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,” Berman said.
“I will step down when a presidentially appointed nominee is confirmed by the Senate. Until then, our investigations will move forward without delay or interruption,” he said. The chances of a new US Attorney for the Southern District of New York being confirmed much before the election seem slim and there is the possibility of legal battles over Berman’s tenure.
Even Bolton’s book gets a cameo.
CNN has reported rising tensions between Washington and Berman’s office, including over some cases including the indictment of Turkish bank Halkbank. In his new book, former national security adviser John Bolton said that Trump told the Turkish strongman he would take “care of things” when he had replaced the prosecutors in New York with his own people. The Justice Department and Berman did, however, bring a case against the Turkish bank in October 2019.
Let’s hope we can “take care of things” in November 2020.
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2 responses to “No intention of resigning”
It gets even curiouser, per Heather Cox Richardson:
So Berman was a Trumpista, put in office without the Senate’s consent to do Trump’s bidding, but now that he’s gone off the reservation Trump is likely stuck with him. Trump’s practise to deceive has him tangled in his own web.
Brilliant! Thank you for the extra information – I knew Berman had refused to ‘be resigned’ but not how he’d ended up unsackable.