BARR: YOU'RE FIRED! ... BERMAN: NO, I'M NOT!

U.S. Attorney Who Has Investigated Trump Associates Refuses to Resign

By Daniel Politi

Slate
June 20, 2020

Attorney General William Barr surprisingly moved on Friday night to fire the top federal prosecutor in Manhattan, Geoffrey S. Berman, who has overseen several prosecutions of top allies of President Donald Trump and whose office has been investigating his personal lawyer, Rudolph Giuliani. But Berman refused to step down, launching a dramatically public standoff that raises fresh questions about Barr’s willingness to put the Justice Department’s historic independence from politics on the line in order to benefit the president. The attempted ouster also appears to fall in line with recent moves by Trump to get rid of officials (usually late on Friday) who are not seen as fully loyal, such as when he fired a number of agency watchdogs over the past couple of weeks.

Around an hour after Barr said Berman was going to be leaving his post, Berman issued a defiant statement saying he learned of the news that he was “stepping down” via a press release, making clear he had no plans to go anywhere right away. “I have not resigned, and have no intention of resigning, my position, to which I was appointed by the Judges of the United States District Court for the Southern District of New York. I will step down when a presidentially appointed nominee is confirmed by the Senate,” Berman said. “Until then, our investigations will move forward without delay or interruption.”

Berman has led the office that has been at the center of several key investigations related to Trump associates. His office was the one that led the prosecution of Trump’s former personal lawyer, Michael Cohen. Berman also oversaw the prosecution of Giuliani associates Lev Parnas and Igor Fruman, who have been charged with federal campaign finance violations. And Berman was fired shortly after word that former National Security adviser John Bolton wrote in his book that Trump tried to get involved in an investigation overseen by Berman’s office into a Turkish bank.

In his press release, Barr had said that Trump would nominate Jay Clayton, the current chairman of the Securities and Exchange Commission to take over the position held by Berman. While the Senate considers the nomination, Barr said, Craig Carpenito, who is the U.S. Attorney for the District of New Jersey, will serve as the Acting U.S. Attorney for the Southern District of New York starting on July 3. It is unclear whether that can actually happen. Berman was not confirmed by the Senate. He was appointed interim U.S. attorney in Manhattan in 2018 and Trump never formally sent his nomination to the Senate. The formal appointment was later made by the judges of the district court and the law that allows that to happen states that he can remain in the position until it is filled.

Clayton has never served as a prosecutor and is not a litigator, two key characteristics that are usually seen as requirements to hold such a prominent U.S. attorney position. In fact, if he is confirmed, Clayton would be the first non-prosecutor to lead the Southern District of New York. It seems personal friendships played a role in the appointment. Barr and Clayton have reportedly known each other for years and Clayton was planning to leave his current role to go back to New York. Clayton reportedly told Barr about his interest in the job and Barr agreed.