As I noted in the other thread last night, this is going to get hot quickly. Berman should be âinvitedâ to testify, but should be sent a subpoena so he can say he has to go.
Fridayâs are always interesting as SS Trump sinksâŚ.
Bill Barr put out a press release saying that the US Attorney (called âUSAâ for short) for the SD of New York, Geoffrey Berman, had âresignedâ and was would be temporarily replaced by the US Attorney for the D of New Jersey, and then by the head of the SEC. Both must immediately refuse to take the position, if not they need to be criminally investigated with Barr come 2021.
this all stinks to high hell. Berman was appointed by Jeff Sessions (after Trump interviewed him) but has actually shown himself to be very independent, and has:
- Prosecuted Jeff Epstein
- Went ahead and prosecuted a Turkish Bank (the same Bank Boltonâs book claims Trump promised the Turkish president he would get the SD of NY to drop charges againstâŚ
- Prosecuted Micheal Cohen
- Filed Charges against Guillianâs associates Furman and Parnas
- Is investigating Guilliani over his Ukrainian actions
- Has an ongoing investigation against the Pro-Trump Super Pac for taking foreign $$$$.
- Is currently investing the trump organization for tax and accounting fraud.
- Is looking at trumpâs bank for money laundering.
Likely other stuff.
So lots of reasons for Trump to want him gone.
So what is going on? Where will this all end up?
- Berman is in an unusual situation. Trump fired the prior USA (Preet Bhara, appointed by Obama) when he refused to resign, and Berman was appointed as the interim USA, who can serve for 120 days. But despite having interviewed him, Trump never forwarded his appointment to the senate.
- Berman was well respected, and in a quirk in the law, if there is no USA, the Courtâs can appoint someone as USA. So when the 120 days were up, The COURT appointed Berman as USA.
- Under that law, the Court appointed USA serves until a senate confirmed replacement arrives.
- I read the relevant statutes and the cases on point, and Berman is in a really strong position. Unlike with a senate confirmed USA â who Barr can fire - Barr clearly canât fire Berman. So what Barr tried to is illegal.
- Trump might or might not, be able to fire him, there is a poorly reasoned DOJ opinion that says Trump can fire a Court Appointed USA, but having read the statutes, I donât think that he can. The reason is that the more specific statute controls, and that is one that says the Court appointed USA serves until replaced by a Senate Confirmed USA.
- Further, while Barr has being doing the dirty work, if trump associates are being investigated, if Trump tired to fire Berman it is criminal obstruction of justice.
- About the only good argument that Trump/Barr would have is to try to convince a court that the statute passed by congress back in the 1870s is unconstitutional as it interferes with presidential authority (âseparation of powersâ). Again litigation, and not quick litigation. Berman keeps his job while it goes on. And the worst situation is litigation for trump/Barr as the courts are catching on to the fact that Barr is a crook, and this stinks so badly that any judge is likely to dig deeply.
- Not to mention that Berman likely has reasons he can explain why his firing is an effort at obstructon of justice â and Berman can do that if need be â I just donât see it being easy for Barr/Trump to get read of Berman.
- And then Berman (or anyone being prosecuted by the SD of N.Y. who can claim that only Berman has authority and any actions by anyone else are illegal) can litigate the issue.Berman likely to win as the more specific statute prevents his being fired, he can only be replaced by a congressional approved replacement since he was appointed by the court, and that is not going to happen right now. Now way any republican wants to step into this at this point.
It appears to me that Barr tried to bribe Berman to leave by offering him head of the civil division at main doj. (the second highest job in the DOJ, and what would be considered in a normal administration a huge step up in job). That itself stinks, likes like bribery for obstruction of justice.
Berman said no. Barr then put out his press release lying that Berman had resigned. Barr must have thought Berman would go quietly. But Berman came back w/ i the hour with a statement saying he was court appointed and would not leave. So this was something Berman was expecting, an eventuality that he had prepared for. WHY?
I am guessing something is going to break from the SD of N.Y. someone is about to get indicted. That forced Barrâs hand, and he tried a (so far unsuccessful) power play.
Berman is clearly set on being the hero, looking beyond trump, and he has no reason to keep quite at this point. Berman can fight Trump and be the John Dean of his era, and my guess is that he has some good dirt on Trump or his associates, which is why he is not leaving.
So hang on tight. As I have been saying for a while, Trump is going down, but he is going to do all kind of really crazy shit before the Secrete Service drag him out of the white house on January 20, 2021.
And a good twitter feed that addressed some of this from a well know UT law professor: https://twitter.com/steve_vladeck?ref_src=twsrc^google|twcamp^serp|twgr^author
P.s. (added later) I also wanted to comment on how DOJ has not said anything since last night. The line coming now appears to be that Berman was not âfiredâ. That they donât have a plan or a statement out, and that Berman just showed up for work this morning (Saturday) and told the press he had nothing beyond his statement, he was just going to work, says a lot.
This really supports the argument that Barr did this in a hurry, w/o thinking it through. It was a rushed power play. Barr is now trying to figure out what to do next. He more and more (see his coordinating tear gassing protestors which is NOT HIS JOB) just acting like a power made out of control guy who thinks he can get away with it. And given that (for reasons that are not explained, and may or may not be related) three top people in DOJ have resigned recently, I doubt he is getting much support within DOJ, and is probably trying to deal with this on his own or in a conspiracy with Trump and Chippellone (White House Counsel/Criminal)