The Attorney General of the United States just released this letter announcing that insubordinate United States Attorney for the Southern District of New York, Geoffrey Berman, has been fired.

 

Source: Zoe Tillman

The Wall Street Journal has more on the story:

People close to Mr. Barr said he had been growing unhappy with Mr. Berman for months and had been searching for a replacement. He had considered removing Mr. Berman at least once last year but put the plan on hold around the time Giuliani associates Lev Parnas and Igor Fruman were indicted, people familiar with the matter said.

Several people said Mr. Barr was frustrated with Mr. Berman’s leadership overall, viewing him as obstinate and not a team player.

“Given the importance of the day to day work of the Southern District, it’s critical that the attorney general and the department have a relationship with the U.S. Attorney that’s marked by good rapport, being on the same page and someone in whom the attorney general has complete confidence… for whatever reason, that kind of relationship just did not seem to develop,” said George Terwilliger, a friend of Mr. Barr who was his deputy when he held the job in the 1990s. “For whatever reason, that relationship just didn’t develop.”

Mr. Trump has long complained about the Southern District of New York. When the FBI raided Mr. Cohen’s office in 2018, Mr. Trump denounced the move as “disgraceful.” [Wall Street Journal]

Geoffrey Berman is likely to wage a court battle against A.G. Barr, but it is highly unlikely he has a legitimate case.

Attorney General Barr will appear on Maria Bartiromo’s show tomorrow morning.

Here is the full text of Barr’s letter:

I was surprised and quite disappointed by the press statement you released last night. As we discussed, I wanted the opportunity to choose a distinguished New York lawyer, Jay Clayton, to nominate as United States Attorney and was hoping for your cooperation to facilitate a smooth transition. When the Department of Justice advised the public of the President’s intent to nominate your successor, I had understood that we were in ongoing discussions concerning the possibility of your remaining in the Department or Administration in one of the other senior positions we discussed, including Assistant Attorney General for the Civil Division and Chairman of the Securities and Exchange Commission. While we advised the public that you would leave the U.S. Attorney’s office in two weeks, I still hoped that your departure could be amicable.

Unfortunately, with your statement of last night, you have chosen public spectacle over public service. Because you have declared that you have no intention of resigning, I have asked the President to remove you as of today, and he has done so. By operation of law, the Deputy United States Attorney, Audrey Strauss, will become the Acting United States Attorney, and I anticipate that she will serve in that capacity until a permanent successor is in place. See 28 U.S.C. 541(c).

To the extent that your statement reflects a misunderstanding concerning how you may be displaced, it is well-established that a court-appointed U.S. Attorney is subject to removal by the President. See United States v. Solomon, 216 F. Supp. 835, 843 (S.D.N.Y. 1963) (recognizing that the “President may, at any time, remove the judicially appointed United States Attorney”); see also United States v. Hilario, 218 F.3d 19, 27 (1st Cir. 2000) (same). Indeed, the court’s appointment power has been upheld only because the Executive retains the authority to supervise and remove the officer.

Your statement also wrongly implies that your continued tenure in the office is necessary to ensure that cases now pending in the Southern District of New York are handled appropriately. This is obviously false. I fully expect that the office will continue to handle all cases in the normal course and pursuant to the Department’s applicable standards, policies, and guidance. Going forward, if any actions or decisions are taken that office supervisors conclude are improper interference with a case, that information should be provided immediately to Michael Horowitz, the Department of Justice’s Inspector General, whom I am authorizing to review any such claim. The Inspector General’s monitoring of the situation will provide additional confidence that all cases will continue to be decided on the law and the facts.