SDNY

[Anonymous]

Berman with a truly remarkable statement. He is FORCING the president to fire him

Trump will either do it and have an immediate obstruction of justice charge, or else he will back down and look even weaker than he already is.

Good for a patriot like Berman.

[Anonymous]

Anonymous wrote:Berman with a truly remarkable statement. He is FORCING the president to fire him

Trump will either do it and have an immediate obstruction of justice charge, or else he will back down and look even weaker than he already is.

Good for a patriot like Berman.

It’s not clear he can even be fired. He wasn’t senate confirmed. He was appointed by the court. He is taking the position that only the court can remove him and without that he will stay until someone else is senate confirmed.

Monday morning could be incredibly interesting in that office.

If it is litigated, it is really unclear how this would play out.

[Anonymous]

Anonymous wrote:Barr is now purging SDNY, with the head "resigning" and being replaced by the head of the SEC who has ties to many of the same money laundering banks as Trump and Erdogan.

Are we winning yet?

Clayton is an odd pick for SDNY because he doesn’t have prosecutorial experience. But he is otherwise a highly competent lawyer and reasonable/honest person.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Berman with a truly remarkable statement. He is FORCING the president to fire him

Trump will either do it and have an immediate obstruction of justice charge, or else he will back down and look even weaker than he already is.

Good for a patriot like Berman.

It’s not clear he can even be fired. He wasn’t senate confirmed. He was appointed by the court. He is taking the position that only the court can remove him and without that he will stay until someone else is senate confirmed.

Monday morning could be incredibly interesting in that office.

If it is litigated, it is really unclear how this would play out.

This is the statute he was appointed under. https://www.law.cornell.edu/uscode/text/28/546

He serves "until the vacancy is filled." And the vacancy is filled by Senate confirmation, so I don't think Berman is going anywhere.

[Anonymous]

And it would take more than 6 months to litigate.

What a horrid move by Barr and Trump. They get the egg on their faces for trying to remove him and even more egg for their lack of standing to do so.

Brilliant.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Berman with a truly remarkable statement. He is FORCING the president to fire him

Trump will either do it and have an immediate obstruction of justice charge, or else he will back down and look even weaker than he already is.

Good for a patriot like Berman.

It’s not clear he can even be fired. He wasn’t senate confirmed. He was appointed by the court. He is taking the position that only the court can remove him and without that he will stay until someone else is senate confirmed.

Monday morning could be incredibly interesting in that office.

If it is litigated, it is really unclear how this would play out.

Trump has fired people that he does not clearly have the authority to fire. Obviously he can fire a US Attorney.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Berman with a truly remarkable statement. He is FORCING the president to fire him

Trump will either do it and have an immediate obstruction of justice charge, or else he will back down and look even weaker than he already is.

Good for a patriot like Berman.

It’s not clear he can even be fired. He wasn’t senate confirmed. He was appointed by the court. He is taking the position that only the court can remove him and without that he will stay until someone else is senate confirmed.

Monday morning could be incredibly interesting in that office.

If it is litigated, it is really unclear how this would play out.

Trump has fired people that he does not clearly have the authority to fire. Obviously he can fire a US Attorney.

^^^ Barr however can't just fire anyone he wants to. And it was Barr who unsuccessfully fired Berman tonight.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Berman with a truly remarkable statement. He is FORCING the president to fire him

Trump will either do it and have an immediate obstruction of justice charge, or else he will back down and look even weaker than he already is.

Good for a patriot like Berman.

It’s not clear he can even be fired. He wasn’t senate confirmed. He was appointed by the court. He is taking the position that only the court can remove him and without that he will stay until someone else is senate confirmed.

Monday morning could be incredibly interesting in that office.

If it is litigated, it is really unclear how this would play out.

This is the statute he was appointed under. https://www.law.cornell.edu/uscode/text/28/546

He serves "until the vacancy is filled." And the vacancy is filled by Senate confirmation, so I don't think Berman is going anywhere.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Berman with a truly remarkable statement. He is FORCING the president to fire him

Trump will either do it and have an immediate obstruction of justice charge, or else he will back down and look even weaker than he already is.

Good for a patriot like Berman.

It’s not clear he can even be fired. He wasn’t senate confirmed. He was appointed by the court. He is taking the position that only the court can remove him and without that he will stay until someone else is senate confirmed.

Monday morning could be incredibly interesting in that office.

If it is litigated, it is really unclear how this would play out.

Trump has fired people that he does not clearly have the authority to fire. Obviously he can fire a US Attorney.

But Trump didn't appoint him, the District Court did. And under the statute, he serves until "the vacancy is filled."

It's hilarious that Trump's own incompetence and laziness in not getting a Senate-confirmed USA in SDNY after 3+ years in office may prevent him from firing him.

And the question remains, why do they want to get rid of Berman now?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Berman with a truly remarkable statement. He is FORCING the president to fire him

Trump will either do it and have an immediate obstruction of justice charge, or else he will back down and look even weaker than he already is.

Good for a patriot like Berman.

It’s not clear he can even be fired. He wasn’t senate confirmed. He was appointed by the court. He is taking the position that only the court can remove him and without that he will stay until someone else is senate confirmed.

Monday morning could be incredibly interesting in that office.

If it is litigated, it is really unclear how this would play out.

Trump has fired people that he does not clearly have the authority to fire. Obviously he can fire a US Attorney.

It’s not obvious at all. Look at the statute someone posted a few posts up.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Berman with a truly remarkable statement. He is FORCING the president to fire him

Trump will either do it and have an immediate obstruction of justice charge, or else he will back down and look even weaker than he already is.

Good for a patriot like Berman.

It’s not clear he can even be fired. He wasn’t senate confirmed. He was appointed by the court. He is taking the position that only the court can remove him and without that he will stay until someone else is senate confirmed.

Monday morning could be incredibly interesting in that office.

If it is litigated, it is really unclear how this would play out.

Trump has fired people that he does not clearly have the authority to fire. Obviously he can fire a US Attorney.

^^^ Barr however can't just fire anyone he wants to. And it was Barr who unsuccessfully fired Berman tonight.

Even if it was Trump who did it, I don’t see how that would matter here.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I just don’t understand. I’m a firmer DOJ Atty and I just don’t understand. Even if this firing turns out to be for some highly legitimate reason, how is there no regard for optics on any given day? I shudder.

The optics are 'good'. Draining the swamp.

Of the people Trump put in place??

[Anonymous]

Oh this should be fun: ""I will step down when a presidentially appointed nominee is confirmed by the Senate. Until then, our investigations will move forward without delay or interruption," Berman said.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I just don’t understand. I’m a firmer DOJ Atty and I just don’t understand. Even if this firing turns out to be for some highly legitimate reason, how is there no regard for optics on any given day? I shudder.

The optics are 'good'. Draining the swamp.

Of the people Trump put in place??

Base doesn't care. They love everything Trump does.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Berman with a truly remarkable statement. He is FORCING the president to fire him

Trump will either do it and have an immediate obstruction of justice charge, or else he will back down and look even weaker than he already is.

Good for a patriot like Berman.

It’s not clear he can even be fired. He wasn’t senate confirmed. He was appointed by the court. He is taking the position that only the court can remove him and without that he will stay until someone else is senate confirmed.

Monday morning could be incredibly interesting in that office.

If it is litigated, it is really unclear how this would play out.

Trump has fired people that he does not clearly have the authority to fire. Obviously he can fire a US Attorney.

^^^ Barr however can't just fire anyone he wants to. And it was Barr who unsuccessfully fired Berman tonight.

Even if it was Trump who did it, I don’t see how that would matter here.

There are legal memos supporting this.

But more fundamentally, US Attorneys serve at the pleasure of the president. Of course he can fire them.