Democrats Call For Investigation, Roundly Denounce Barr’s Attempt To Fire U.S. Attorney

TOPLINE

Democrats strongly rebuked Attorney General William Barr’s attempt to push out the U.S. attorney in Manhattan, Geoffrey Berman, who investigated some of President Trump’s closest allies on Saturday and called for a probe into the effort to remove Berman, as a standoff deepens between the lead prosecutor for the nation’s most prestigious and independent federal office and the Trump administration.

KEY FACTS

On Saturday, Sen. Chuck Schumer (D-N.Y.) called for an Inspector General investigation into the reasons behind Berman’s firing and for Jay Clayton, the Securities and Exchange Commission Chairman who Barr said he was nominating for the position to “withdraw his name from consideration.”

In a statement, Rep. Jerrold Nadler (D-N.Y.), chairman of the House Judiciary Committee, said Friday that “America is right to expect the worst of Bill Barr” and that he would invite Berman to testify during a hearing on Wednesday

Berman, the U.S. attorney for the Southern District of New York, released a statement late Friday night indicating he has “no intentions of resigning,” and will “step down when a presidentially appointed nominee is confirmed by the Senate.”

Earlier Friday evening, Barr put out a press release announcing that Clayton — who has no experience as a prosecutor — had been nominated for the position and that Berman would be “stepping down”; Barr added that while the Senate considers Clayton’s nomination, Berman’s position will be filled by Craig Carpenito, who is the U.S. attorney in New Jersey.

Berman oversees one of the highest profile district in the country and has supervised corruption inquiries into Trump’s inner circle during a time of concern among some members of the legal community that the president and his attorney general do not respect the independence of the country’s legal system.

Berman’s office has been conducting a criminal investigation into Trump’s personal lawyer, Rudy Giuliani, in a campaign finance case; Berman oversaw federal prosecutors when they investigated Trump’s former attorney Michael Cohen and sex offender Jeffery Epstein.

Crucial quote

“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 in a statement on Friday. “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. I cherish every day that I work with the men and women of this Office to pursue justice without fear or favor — and intend to ensure that this Office’s important cases continue unimpeded.”

Key background

Berman is able to resist efforts to remove him because he was appointed to the position by a federal court in his district, not the president. If Berman had been appointed by a president and then confirmed by the Senate, Trump would have the power to fire him, legal experts say. There is some legal precedent that only the court that appointed Berman, not the Justice Department, has the power to remove him until a replacement is confirmed by the Senate, reports the Washington Post.

Further reading

Trump administration in standoff with Manhattan U.S. attorney who investigated the president’s associates (Washington Post)

Barr Tries to Fire U.S. Attorney in Trump-Related Cases, but He Won’t Go (New York Times)


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