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To recap, Trump wants Berman out of SDNY and a loyalist in because SDNY is investigating Trump's friends.
AG Barr offered Berman several prestigious jobs at Main Justice, including head of Civil Division, but Berman declined.
AG Barr offered Berman several prestigious jobs at Main Justice, including head of Civil Division, but Berman declined.
So AG Barr announced that Berman resigned. But Berman says he hasn't.
AG Barr also announced that the U.S. Att'y for New Jersey would be the acting U.S. Att'y for SDNY, something that obviously Berman is not prepared to accept.
AG Barr also announced that the U.S. Att'y for New Jersey would be the acting U.S. Att'y for SDNY, something that obviously Berman is not prepared to accept.
And if you're wondering how we got here, Berman was the choice of the *judges* of the SDNY to fill the SDNY U.S. Att'y slot after Trump left it unfilled too long, an unusual move made possible by statute.
Trump can fill the spot, of course, but until the Senate confirms a new U.S. Att'y for SDNY, it's Berman's job.
Which Trump friends are under investigation? Speculation says Giuliani in relation to his Ukraine work.
super-cringe
super-cringe
We live in extraordinary times. I didn't think I could be shocked anymore.
And in response to the "can he do that?" question, the statute says Berman serves "until the vacancy is filled."
As I wrote up-thread, yes, Trump can replace him, but he has to get the advice and consent of the Senate first.
As I wrote up-thread, yes, Trump can replace him, but he has to get the advice and consent of the Senate first.
One of the things that's so 
about this, is the administration literally argued this week in the Flynn litigation that everything is totally aboveboard, that there are no political shenanigans driving DOJ's reversals of position.
AG Barr on a Friday night: "hold my beer"
about this, is the administration literally argued this week in the Flynn litigation that everything is totally aboveboard, that there are no political shenanigans driving DOJ's reversals of position.AG Barr on a Friday night: "hold my beer"
This is a great point. If Trump had appointed Berman the ordinary way, he could fire him the ordinary way.
But because Trump sat on the nomination, the district court judges got to make the appointment, stripping Trump of the power to fire him at will. https://twitter.com/chrisgeidner/status/1274162988388421633
But because Trump sat on the nomination, the district court judges got to make the appointment, stripping Trump of the power to fire him at will. https://twitter.com/chrisgeidner/status/1274162988388421633
On the one hand, I could go back to Elder Scrolls Online.
On the other, I could argue about separation of powers with twitter lawyers.
On the other, I could argue about separation of powers with twitter lawyers.
