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'Uncharted Waters': Standoff Looms After Purported Ouster of Geoffrey Berman as US Attorney in Manhattan: Berman's legal options could include seeking a writ of mandamus or a declaratory judgment that he is entitled to stay in the job
Law.com ^ | June 20, 2020 | Michael Riccardi and Jane Wester

Posted on 06/20/2020 1:21:26 PM PDT by NobleFree

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1 posted on 06/20/2020 1:21:26 PM PDT by NobleFree
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To: NobleFree
State Bar President Scott Karson condemned the attempt to replace Berman, saying politics has no place in the administration of justice.

Did he say this with a straight face?

2 posted on 06/20/2020 1:23:44 PM PDT by fhayek
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To: NobleFree

Funny, when a dimoKKKRAT fires a U.S. Attorney there are no problems, they just resign. When President Trump fires a U.S. Attorney all hell breaks loose.


3 posted on 06/20/2020 1:23:56 PM PDT by Parley Baer
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To: NobleFree

The legal precedent is clear. Federal prosecutors serve at the pleasure of the President who may fire them all if he chooses—unless of course the President is Donald Trump. The same is true of Executive Orders. Presidents may issue Executive Orders and/or rescind Executive Orders—unless the President is Donald Trump.


4 posted on 06/20/2020 1:26:19 PM PDT by hanamizu
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To: fhayek

Absolutely laughable

Especially in NY


5 posted on 06/20/2020 1:26:37 PM PDT by A_Former_Democrat (See St George's Rap Sheet . . . TAG PedoJoe with "DEFUND the POLICE")
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To: NobleFree

FTA: “Otherwise, ordinary citizens will have no faith in our justice system.”

I think that ship has sailed.


6 posted on 06/20/2020 1:26:42 PM PDT by ought-six (Multiculturalism is national suicide, and political correctness is the cyanide capsule.)
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To: NobleFree

Trump fired him. Problem solved.


7 posted on 06/20/2020 1:27:38 PM PDT by Magnum44 (My comprehensive terrorism plan: Hunt them down and kill them.)
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To: fhayek

Absolutely laughable

Especially in NY


8 posted on 06/20/2020 1:27:41 PM PDT by A_Former_Democrat (See St George's Rap Sheet . . . TAG PedoJoe with "DEFUND the POLICE")
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To: Parley Baer

Clinton and Obama fired U.S. Attorneys - No problem. George W. Bush and Donald Trump fire U.S. Attorneys - Constitutional Crisis.


9 posted on 06/20/2020 1:28:10 PM PDT by fhayek
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To: NobleFree

Just fire his ass already.

L


10 posted on 06/20/2020 1:28:10 PM PDT by Lurker (Peaceful coexistence with the Left is not possible. Stop pretending that it is.)
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To: A_Former_Democrat

But with the way things are going could Berman make a case for him to stay on ????


11 posted on 06/20/2020 1:28:22 PM PDT by Hambone 1934
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To: NobleFree

If this reaches the Supreme Court, John Roberts will declare him President of the United States.


12 posted on 06/20/2020 1:29:18 PM PDT by Peter W. Kessler ("NUTS!!!")
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To: NobleFree

Looks like time for a reenactment of the Third Defenestration of Prague (1618).

Ready the honey wagon!


13 posted on 06/20/2020 1:29:25 PM PDT by lightman (I am a binary Trinitarian. Deal with it!)
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To: NobleFree

Well BYE.


14 posted on 06/20/2020 1:30:10 PM PDT by SmokingJoe
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To: NobleFree

If he does not leave immediately them he must be removed by force immediately. Do not play this lib game for one second that our President has no legitimacy. What part of “Your Fired” don’t you understand ?


15 posted on 06/20/2020 1:32:26 PM PDT by The Sentient Sheep
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To: Lurker

He did. https://twitter.com/ABC/status/1274426525706866691


16 posted on 06/20/2020 1:33:35 PM PDT by Mama Shawna
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To: Parley Baer

“Funny, when a dimoKKKRAT fires a U.S. Attorney there are no problems, they just resign. When President Trump fires a U.S. Attorney all hell breaks loose.”

That’s why Trump should have fired all the democrat attorneys en masse. He didn’t and now he will have to deal with these prima donnas.

My guess is this guy Berman goes nowhere and will get funding to fight this in court. I would not rule out Berman eeking out a win here given the state of judges in this country and particular in NY.


17 posted on 06/20/2020 1:34:14 PM PDT by plain talk
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To: NobleFree

Without a resignation from Berman or his ouster, there is no vacancy for Barr to appoint an acting U.S. attorney to fill.

Or, VSG President Trump can fire his ass.
Which has now happened!

The Lawfare kids can sleep well this night


18 posted on 06/20/2020 1:34:30 PM PDT by Steven Tyler
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To: NobleFree; All

FTA:

“I have not been contacted by the administration in this regard” Graham said Saturday. “However, I know Mr. Clayton and believe him to be a fine man and accomplished lawyer. As to processing U.S. attorney nominations, it has always been the policy of the Judiciary Committee to receive blue slips from the home state senators before proceeding to the nomination.”

Sometimes it’s best to quote exactly what a person says instead of paraphrasing it. Looks like Graham is being deliberately ambiguous and keeping his options open.


19 posted on 06/20/2020 1:35:11 PM PDT by libstripper
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To: NobleFree; LucyT
the statute for appointment and removal of U.S. attorneys [28 U.S.C. Section 541] , provides that the president, not the attorney general has the power to remove a court-appointed U.S. attorney,”

This is another garbage issue dreamed up by the Commies and the Organize For Action--the President has the power to remove Berman and I think he may have done so before he left DC for Tulsa.

There may be uncertainty about a replacement--if the Court thinks it has the power and appoints a replacement, Trump removes the replacement and continues to do so until either the Court gives him someone he wants or he gets an appointment of his choice confirmed. Either way, Trump can lock down the US Attorney's office until he gets control which is the intent of the statute.

20 posted on 06/20/2020 1:35:44 PM PDT by David
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