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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Did Trump fire him by letter, by phone call? Or is Barr putting words in Trump's mouth?[/quote] 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.[/quote] 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. [/quote] But an OLC memo isn’t the law. It is an interpretation of the interplay between different laws that has never been tested. Based on the statute under which he was appointed, he has a good argument that he can stay until someone else is confirmed. But the OLC’s reliance on the general power to appoint and fire also has merit. It just isn’t clear cut what the law is on this.[/quote]
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