The Daily Parker

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What just happened in SDNY?

On Friday night, US Attorney General William Barr announced that Jeffrey Berman, the US Attorney for the Southern District of New York, had resigned. Minutes later, Berman said "the hell I have."

A couple of problems immediately present themselves when you think about this. First, only the president can fire a US Attorney. (President Trump finally did that last night.) Second, the highest law-enforcement official in the country, lied in writing about this. Third, the SDNY has multiple, ongoing investigations into the president's associates and businesses. Fourth, Barr's first announcement of Berman's replacement (a well-known Trump fellatist supporter) flouted the actual black-letter law giving that power to the judges of the SDNY (who, in fact, appointed Berman).

Calling this "extraordinary" doesn't do justice to the violence this dealt to the rule of law.

The Times:

The attorney general’s interventions in high-profile cases involving the onetime Trump advisers Roger J. Stone Jr. and Michael T. Flynn have prompted accusations from current and former law enforcement officials that Mr. Barr has politicized the department.

Over the last year, Mr. Berman’s office brought indictments against two close associates of the president’s current lawyer, Mr. Giuliani, and began an investigation into Mr. Giuliani himself, focusing on whether his efforts to dig up dirt in Ukraine on the president’s political rivals violated laws on lobbying for foreign entities.

Mr. Berman’s office also conducted an investigation into Mr. Trump’s inaugural committee, subpoenaing financial and other records as part of a broad inquiry into possible illegal contributions from foreigners.

David Kurtz doesn't stop at "accusations...Barr has politicized the department:"

We’re deep into the worst crisis in the history of the Justice Department, and it keeps deepening. This isn’t alarming for what it signifies or for what it suggests might happen next or because it raises vague future concerns. It’s alarming because this is the corruption and the wrongdoing and the malfeasance. Right here, right now. Not some theoretical future threat. This is the nightmare of a president run amok with a captive Justice Department. We’re there. We’re living it.

James Comey, who worked as an assistant US Attorney in SDNY early in his career, has also spoken up:

There has always been a tension — much of it healthy — between Washington and the Southern District, but the attempt to fire the current United States attorney feels very different. Geoffrey Berman’s office has apparently been handling cases very close to the president. In 136 days, there is an election that the incumbent appears likely to lose. The attorney general, surely not proceeding on his own, acts to bump the well-regarded head of the Office on a Friday night, in the middle of a pandemic. Something stinks.

The country is well-served by the independent spirit and reputation of the Southern District of New York. It has long been the place where hard cases could be done in a way Americans trusted. It was where Bill Clinton’s 11th-hour pardon of fugitive financier Marc Rich could be credibly investigated. It is also the place with jurisdiction over so much of this president’s complicated life.

And it is a place that follows the facts alone to reach conclusions, without regard to politics, just as [Henry L.] Stimson wanted. Maybe that’s why William P. Barr moved to knock off Berman on a Friday night and announced President Trump’s intention to replace him with someone who has never worked there. And maybe that’s why Berman, in the finest traditions of the office, stood up.

House Judiciary Chair Jerry Nadler (D-NY) has opened an investigation, with a hearing already scheduled for Tuesday.

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