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Barr says Trump has now fired Berman. This, Barr says, is authorized by 241(c). Notably, however, Barr has shifted, and is allowing the Deputy US Attorney to serve as the Acting US Attorney — and not, as per last night’s release, the NJ US Attorney. https://twitter.com/zoetillman/status/1274422844722642945
541(c). Apologies. // In any event, what remains unclear:
1. If Berman accepts that Trump can fire him.
2. If SDNY D Ct accepts that Trump can fire Berman.
3. If SDNY D Ct accepts that 3345 applies now in permitting Dep US Attorney to become acting, or whether, b/c 546 was ...
1. If Berman accepts that Trump can fire him.
2. If SDNY D Ct accepts that Trump can fire Berman.
3. If SDNY D Ct accepts that 3345 applies now in permitting Dep US Attorney to become acting, or whether, b/c 546 was ...
... invoked, and 546(c) was already utilized for this vacancy, only the SDNY D Ct is authorized to fill the vacancy. (The 546(d) langauage says “may,” so it seems like the deputy could default to acting BUT that the District Court remains authorized to appoint a new US Atty.)
For background discussion, here’s my thread from last night: https://twitter.com/chrisgeidner/status/1274201243758530562?s=21 https://twitter.com/chrisgeidner/status/1274201243758530562
Here’s a good thread on some collected info on some relevant legislative history, should anyone still care about that. https://twitter.com/sidgwicked/status/1274418538900598784?s=21 https://twitter.com/sidgwicked/status/1274418538900598784
Some more here: https://twitter.com/ariellemourrain/status/1274417582121066496?s=21 https://twitter.com/ariellemourrain/status/1274417582121066496
We can always count on Trump to make things worse! https://twitter.com/hunterw/status/1274433093965877248?s=21 https://twitter.com/hunterw/status/1274433093965877248
