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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=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.[/quote]

[b]It’s not clear he can even be fired[/b].  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.[/quote]

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

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

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

There are legal memos supporting this.

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

not ones that are appointed by the court pending a senate confirmed replacement[/quote]

Yes, even those ones.

There's an old OLC memo saying that.  And how could there be a USA who does not serve at the pleasure of the president?   [/quote]

OLC Memo from 1979 - https://www.justice.gov/file/22221/download

[quote]indeed, that the President may authorize the Attorney General to
do what he feels is warranted and then orally approve the action taken by
the Attorney General. Carey at 401-403.4 But we do not recommend this
course of action in the situation at hand, since the incumbent U.S. Attorney apparently has the backing of the district court. That court might
react unfavorably to any action that does not carefully comport with the
letter of the statute.[/quote]

Per Barr's press release, Berman has 2 more weeks on the job. A US Attorney can create a lot of trouble in 2 weeks.[/quote]

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