Pandemic insomnia Berman thread:

Can Trump fire Strauss?

1. Under S 541 the President can fire a US Attorney. Unlike Berman she is an acting US Attorney, who is not a political appointee. Not clear he can fire her.

2. Even if he can, he and Barr cannot pick her replacement.

3. S. 541 gives the power to fire a US Attorney. Berman was technically the US Attorney not an acting US Attorney. Strauss is Acting.

S. 546 gives the power to appoint. These two sections are distinct. Even if Trump can fire Strauss, unclear, he can’t pick her replacement...

4. ... as Acting AG, because she replaces a judicially confirmed USA. Berman and successors can only be replaced by next in line at SDNY.

In addition, Strauss as a career prosecutor not a political appointee needs to be fired for cause, not on a whim.

5. The question therefore is wrongly framed. The difficult but perhaps possible task of firing Strauss is pointless. Trump’s right to fire is one thing. His right to *hire* is limited under S 546. Firing Strauss would only put *her* chosen deputy in the job.

6. Barr has implicitly conceded all of this in his letter especially in adding the IG. That was an extraordinary touch which was completely missed in the commentary. Adding the IG is a frightened admission that Berman had cases at SDNY that are very close to @realDonaldTrump

7. I have reported these cases include the sealed indictments of his three eldest children plus Jared Kushner. Barr’s addition of Horowitz seems a naked attempt to avoid an obstruction of justice charge

8. I suggest that this would have arisen from Bill Barr’s testimony that he told @realDonaldTrump the name of a sealed case referred on from Mueller in Appendix D (B). I strongly suspect that that case was the indictment of one or more Trump relatives

9. Barr’s concession of adding the Inspector General shows consciousness of guilt but also further protects Strauss. Firing her would require a good reason and Horowitz will be watching. He could refer Barr to @FBI for obstruction should Barr try to remove Strauss without cause.

10. Checkmate to Bill Berman. Hey Barr, come for the King, best not miss. cc @comey End thread