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,
Your question: Where did this idiot get that idea?
My answer: He got that idea because it’s true. After Trump sacked Bharara, Sessions appointed Berman as the interim U.S. Attorney, an appointment not requiring Senate confirmation.
The catch is that the interim appointment lasts a maximum of 120 days. 28 U.S. Code § 546(d): 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.
That’s what happened here. Trump and Sessions never sent a nomination to the Senate. With the interim appointment nearing its expiration, the judges appointed Berman so that the office could continue to function. Under the statute, Berman is in until Trump nominates a successor and the successor is confirmed by the Senate.
Thank you! Great post.