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This blog is the work of an educated civilian, not of an expert in the fields discussed.

Saturday, June 20, 2020

Friday Night Fun at the Justice Department

Oh there are a lot more, with a break to drink some more wine. It is probably my fault.  I left Twitter shortly before midnight a few weeks ago, and then the Supreme Court handed down a 5-4 order regarding Big V rules for churches.  I left early (though did check later on) yesterday and we have a whole new Friday news dump affair: Barr announced that the U.S. Attorney for the Southern District (traditionally a sort of independent wing) was resigning and some unqualified (never worked as a criminal prosecutor) would be nominated to fill his spot. Meanwhile, following a norm now, the usual line of secession would be skipped over and an outsider would fill the spot temporarily.  On Twitter, Chris Geidner noted this was due to happen around July 4th.

This is one complicated affair though the basic thing smells, including the timing and numerous possible reasons why Trump would want the other guy gone, replaced by some flunky (tainted connections have been cited too). Another complication is that Geoff Berman (Trump donor that seemed safe) said, "um, I didn't resign." He tossed in that he would continue investigations, a big flag that his "resignation" might be a pressure job in response to them. He was offered various plum other jobs in Justice, but turned them down. His current position is a plum spot to, plus he probably has some ethics regarding overseeing his work and not being pushed out by crooks.

Since this is the Trump Administration and 2020, there is one more major wrinkle.  Berman was appointed by judges. Yes, this is a thing, as we saw back in the independent counsel days.  One major thing this Administration does is slow walk appointments and confirmations.  U.S. attorneys being a special animal here, the law provides a means to have temporary attorneys appointed until one is confirmed in the Senate.  The law says that such a U.S. attorney would serve until their replacement is confirmed. The OLC back in the day determined that the President (if not the AG) could fire them, but this is apparently dubious, say various legal minds.

Apparently, John "I won't testify" Bolton's book coming out (with him suddenly being all "Trump is horrible! Congress should have done more!" ... fucking asshole)  is not enough.  BTW, reports are that he will be on Stephen Colbert. I tweeted repeatedly to him that is wrong. Don't give that asshole a platform. Get Dana Carvey to do his Bolton impression.

ETA:  Ha ha.  First, more on the overall issue and how it influences two major pending Supreme Court cases by Leah Litman here with typical Litman verve.  Second we have this today after I posted:
Barr says Trump has now fired Berman. This, Barr says, is authorized by 241(c). Notably, however, Barr has shifted, and is allowing the Deputy US Attorney to serve as the Acting US Attorney — and not, as per last night’s release, the NJ US Attorney.
Trump later said that he has nothing to do with it -- it's Barr's affair. But, it can't be -- the specifics here at least require Trump to fire the guy. As seen during the impeachment process, Trump seems to have a tendency to lack the guts to directly fire people.  Ball in Berman's court, I guess.

.....

Latest: "By the end of the day, Mr. Berman’s handpicked deputy, not the administration’s favored replacement, was chosen to succeed him for now."  Berman: "that will do pig." Agrees to step aside.  The temporary replacement being in-house is important since even lapdog Lindsey Graham is wary about the guy picked to replace him. To remind:
Trump on Saturday fired the federal prosecutor whose office put his former personal lawyer in prison and is investigating his current one, heightening criticism that the president was carrying out an extraordinary purge to rid his administration of officials whose independence could be a threat to his re-election campaign.
The whole thing still stinks and makes the Trump Administration (including Barr) look like corrupt clowns.  Recall that the replacement is easier to remove than Berman given the special appointment issue is lacking.  So, will we have some more clowning later?

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