Lies, not "wrong." |
He can only remove him once there is a senate-confirmed replacement. At least, that is the plain read of the law and what Berman will argue in a court of law. The only question is if a judge will grant a stay that would have Berman remain. Given what we have seen of Barr, I highly doubt any judge that is legit would grant Barr ANY leeway. |
Most appointees will not have conflicts that involve Donald Trump |
How is that a "lie"? A nomination has not been formally sent to the Senate (thus he hasn't been nominated yet) and Berman did not resign (thus the press release was wrong on it's face). |
It’s not clear Clayton does. He wouldn’t have to recuse himself from anything involving DB. It would only be needed if the matters he worked on were related to the current investigations. Given how long he has been at the Commission, it’s not clear that would be the case. |
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Jay Clayton, Trump's new pick, counted Deutsche Bank as a client and defended them in the massive Russian money laundering scandal.
There is a criminal investigation into Deutsche Bank occurring in SDNY. Deutsche Bank is Trump's lender. |
Assuming the above is true, he would only be conflicted if the current investigation involved the money laundering scheme. And that case doesn’t seem to involve Trump, so Clayton’s recusal their, if needed, wouldn’t be a huge deal. That DB is Trump’s bank isn’t itself that important because it is also the bank of tens of thousands of other people. And lots of other lawyers represent DB and Clayton has represented other banks. S&C does tons of work for Goldman, so I bet his ties there would be deeper than DB. |
| Did Trump fire him by letter, by phone call? Or is Barr putting words in Trump's mouth? |
Even if Trump is just ratifying Barr’s action, at this point it becomes Trump’s legally. It was always Trump’s optically. Based on the 40-year OLC memo, Berman should now be gone. Whether a court will see it that way remains to be seen. |
| JUST IN: AG William Barr responds to SDNY attorney Geoffrey Berman: "Unfortunately, with your statement of last night, you have chosen public spectacle over public service... I have asked the President to remove you as of today, and he has done so." |
Some people like to follow the law, not just how things look. I expect Berman will vacate as soon as he hears directly from Trump, whether that be today or another day. |
| Trump now has the additional charge of obstruction of justice. |
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Clayton must regret this. He presumably had no idea that Berman’s exit would play out as it had.
He’s been one of the few Trump officials whose reputation is still fully in tact. He’s not responsible for Berman being pushed out before his confirmation, but I’m sure the stink of this will rub off. I wonder if he pulls his name, especially with Graham’s statement calling into question whether the Senate will move forward with the nomination given how this was done. |
That's not what Berman's statement said. He said he'll be waiting for the "vacancy to be filled." Interesting, though, that Barr's letter says he proposed a swap - Clayton to SDNY and Berman to the SEC. What would be the point of that unless Trump/Barr is trying to obstruct cases at SDNY? |