Barr to Berman: You Won’t Resign? Fine. You’re Fired.

DB Daily Update ^ | David Blackmon

[bitt]

p

[Swordmaker]

Berman didn't like the way Barr handled it since Barr doesn't really have the authority to fire him, and he also wanted to keep his people in the post.

Who told you that the Attorney General doesn’t 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.

[USS Alaska]

Berman is gone, being a man of my word, I just sent $50 to FR with a request to credit USS Alaska for the donation.

Can’t 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:)

[ptsal]

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

[mewzilla]

Anyone know anything about the Iran angle mentioned at this link...

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 what’s 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...

[Candor7]

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!

[norwaypinesavage]

"Barr doesn't really have the authority to fire him"

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.

[blueyon]

Hope someone told the door guard (if they have one) or hanged the door ode so he an NOT get back in..............

[AndyJackson]

Barr doesn't really have the authority to fire him

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.

[semimojo]

Who told you that the Attorney General doesn’t have the authority to fire Berman?

It's the DOJ's position.

Your inquiry also asks whether the Attorney General has that power. We answer this questions in the negative in view of our interpretation of § 541(c) as constituting—at least in part—the specific exercise of legislative power under Article II, section 2, clause 2, vesting in the President the power of removing a court-appointed U.S. Attorney.

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.

If an appointment expires under subsection (c)(2), the district court for such district may appoint a United States attorney to serve until the vacancy is filled.

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.

[thinden]

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????

[GOPJ]

...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).

God Bless Trump and Barr....

[gogeo]

I am willing to bet that the US Marshals will not obey orders to remove Berman, and that the Congress will be willing to remove Barr over this.

I'm game. How much $$$?

[Jim Noble]

Too late. I bet USS Alaska, I lost, and I paid off.

[gogeo]

Good man.

[norwaypinesavage]

"subsection (c)(2), the district court for such district may appoint a United States attorney to serve until the vacancy is filled.

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.