A high-stakes fight over control of the nation’s most prominent federal prosecutor’s office broke out Friday night, as Manhattan U.S. Attorney Geoffrey Berman rejected Attorney General William Barr’s assertion that Mr. Berman had resigned from his post.
Mr. Barr said in an email shortly after 9 p.m. Friday that Mr. Berman, whose office has overseen investigations into President Trump’s closest allies, was stepping down. Two hours later, Mr. Berman responded that he only learned he was “‘stepping down’ as United States Attorney” from the press release issued by Mr. Barr’s office.
“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,” Mr. Berman said in a statement released by the office spokesman. “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.”
The exchange—in which a U.S. attorney refused to be fired by his boss, the most powerful figure in American law enforcement—sets up a showdown in the Justice Department several months before a presidential election.
Mr. Trump plans to nominate Jay Clayton, chairman of the Securities and Exchange Commission, as Mr. Berman’s replacement as U.S. attorney for the Southern District of New York, according to a statement issued Friday by the White House. Craig Carpenito, currently the U.S. Attorney in New Jersey, was positioned to serve as acting U.S. Attorney in Manhattan starting July 3, while the Senate considers Mr. Clayton’s nomination, Mr. Barr said.
A 1979 opinion by the Justice Department’s Office of Legal Counsel concluded that the president can remove court-appointed U.S. attorneys like Mr. Berman, but the attorney general lacks that power.
Reply With Quote