Posted on 06/20/2020 1:48:48 PM PDT by EyesOfTX
Boom, again. This afternoon, AG William Barr sent a scalding letter to SDNY U.S. Attorney Geoffrey Berman, notifying him that, since he refused to gracefully resign when given a chance, he is fired. Heres the letter:
Image
In case you cant see the photo properly, here is the text:
" " I was surprised and quite disappointed by the press statement you released last night. As we discussed, I wanted the opportunity to choose a distinguished New York lawyer, Jay Clayton, to nominate as United States Attorney and was hoping for your cooperation to facilitate a smooth transition. When the Department of Justice advised the public of the Presidents intent to nominate your successor, I had understood that we were in ongoing discussions concerning the possibility of your remaining in the Department or Administration in one of the other senior positions we discussed, including Assistant Attorney General for the Civil Division and Chairman of the Securities and Exchange Commission. While we advised the public that you would leave the U.S. Attorneys office in two weeks, I still hoped that your departure could be amicable.
Unfortunately, with your statement of last night, you have chosen public spectacle over public service. Because you have declared that you have no intention of resigning, I have asked the President to remove you as of today, and he has done so. By operation of law, the Deputy United States Attorney, Audrey Strauss, will become the Acting United States Attorney, and I anticipate that she will serve in that capacity until a permanent successor is in place. See 28 U.S.C. 541(c).
To the extent that your statement reflects a misunderstanding concerning how you may be displaced, it is well-established that a court-appointed U.S. Attorney is subject to removal by the President. See United States v. Solomon, 216 F. Supp. 835, 843 (S.D.N.Y. 1963) (recognizing that the President may, at any time, remove the judicially appointed United States Attorney); see also United States v. Hilario, 218 F.3d 19, 27 (1st Cir. 2000) (same). Indeed, the courts appointment power has been upheld only because the Executive retains the authority to supervise and remove the officer.
Your statement also wrongly implies that your continued tenure in the office is necessary to ensure that cases now pending in the Southern District of New York are handled appropriately. This is obviously false. I fully expect that the office will continue to handle all cases in the normal course and pursuant to the Departments applicable standards, policies, and guidance. Going forward, if any actions or decisions are taken that office supervisors conclude are improper interference with a case, that information should be provided immediately to Michael Horowitz, the Department of Justices Inspector General, whom I am authorizing to review any such claim. The Inspector Generals monitoring of the situation will provide additional confidence that all cases will continue to be decided on the law and the facts.
[End]
Barr says that he asked the President to remove Berman for cause. The corrupt news media is of course spinning the story in reverse, claiming the President forced Barr to take the action. Because thats what our corrupt news media does.
What we see here is William Barr continuing his ongoing efforts to clean the deep state skunks and snakes out of the DOJ. Its a big and difficult job that requires a big and difficult man. As Berman is finding out the hard way, Barr fits both descriptions.
Cant wait for the next shoe to drop in this one.
That is all.
p
Who told you that the Attorney General doesnt have the authority to fire Berman? He just proved he does. If the president refused to back his AG in this, the AG would have no recourse but to resign immediately. Not supporting the Attorney General would demonstrate the President had no confidence in the AG, and would completely undermine his authority to run the Department of Justice.
Cant win em all.
Mr. Noble, I sent you a private reply before I checked the public posts and I thank you and congratulate you for earning the name you so proudly carry.
You are truly, Noble.
And it's true that you can't win'em all you won this one by being honorable.
Both FR and USS ALASKA thank you.
Enjoy Father's Day, you earned it:)
Geoffrey Berman will be able to mount that trophy letter on his wall, or better yet, donate it to Yale and take a tax deduction. /#smirk
New deep state angle as ousted U.S. Attorney Berman reverses course, will resign immediately
...But another recent move by the SDNY came to my attention in the last 24 hours, and may shed additional light on whats going on. This took place less than three weeks ago, when the SDNY moved to withdraw sanctions violation charges on which an Iranian bank owner, Ali Sadr Hashemi Nejad, had already been convicted by a jury in March 2020...
The crooked anti Populist lefty swamp creatures are wailing and caterwauling. They feel the pain of this firing, so it is very effective. We must rid our country of these leftist Bolshevik sickos!
GO FOR IT Mr. Barr, and there are many others you need to send down the pike! Do it!
In an ordinary business situation, the President can delegate this authority to fire anyone in the executive branch to Barr, or whomever he wishes. However, I suspect in this case, that Barr chose to involve the President in order to make the slap sting more soundly.
Hope someone told the door guard (if they have one) or hanged the door ode so he an NOT get back in..............
Barr- Mr. President, I want to fire so-and-so. He has been one of your persecutors and really up to so knarly shit like for instance not turning over evidence to Durham and otherwise covering up for his predecessors...
Well, Bill, fire him.
That's a verbal order from the President. Barr then executes the order.
People keep thinking that it isn't an order unless it is in writing and signed by the person who has the authority to give the order. That just isn't true.
It's the DOJ's position.
Barr acknowledged as much when he came back and invoked the President in his second letter.
Not supporting the Attorney General would demonstrate the President had no confidence in the AG, and would completely undermine his authority to run the Department of Justice.
Of course, and the President can use the AG as his messenger to do the firing.
Barr didn't invoke the President's authority in his first letter so Berman said, sorry, but since I was appointed by the court the law says I'm in office until my replacement's confirmed.
Now, that's at odds with the President's presumed right to fire anyone in the Executive branch and Berman would have probably lost in court, but he could have dragged it out for quite a while.
As it is he got his preferred replacement and poked his finger in Barr's eye at the same time.
good info on connecting dots from venezuela....turkey....iran.
how many ali sadr hashemi nejad assets got released???
is there any connection to john fn kerry, yet????
God Bless Trump and Barr....
I'm game. How much $$$?
Too late. I bet USS Alaska, I lost, and I paid off.
Good man.
The word 'may' in this regulation is not trivial. It clearly does not preclude ending the vacancy when the president appoints a replacement even if that replacement is temporary. Even if Berman contested this, the president could always name Barr, who has already been approved by congress, to be the temporary replacement. In the meantime, Berman's passwords and the lock on his office door could be changed at Barr's directions. Berman obviously knew all of this, and gave up.
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