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SDNY attorney Geoffrey Berman refuses to quit even as Barr announces his departure , says 'investigations will go on'

'I will step down when a presidentially appointed nominee is confirmed by the Senate,' said Berman
UPDATED JUN 20, 2020
Geoffrey Berman (Getty Images)
Geoffrey Berman (Getty Images)

Juneteenth witnessed a fast-escalating battle in the legal sphere as Attorney-General William Barr tried to remove Geoffrey Berman, a powerful attorney for the Southern District of New York (SDNY) who has probed a number of associates of none other than President Donald Trump but the latter refused to budge.

While Barr said in a statement released late on Friday that Berman is “stepping down” and that Trump was nominating Jay Clayton, chairman of the Securities and Exchange Commission, to succeed the 60-year-old Berman. But Berman came up with his own announcement to deny Barr’s claim.

“I learned in a press release from the Attorney General tonight that I was 'stepping down' as United States Attorney,” he said, adding: “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. 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.”

President Donald Trump and Attorney General William Barr (Getty Images)

CNN cited a justice department official to say that Berman was offered other positions at the justice department, including the head of the civil division, where Assistant General Jody Hunt abruptly departed this week but Berman refused to accept it. It was also said Clayton, whom Trump intends to see as Berman’s replacement, has never been a prosecutor.

Another source told the channel that Berman refused when he was asked to step down. Barr reportedly asked Berman in-person to step down during a meeting in New York on Friday but he did not agree. 

The issue could snowball into a major controversy if Berman is forced out of his job. The attorney’s office has prosecuted Trump’s former attorney Michael Cohen, indicted former New York mayor Rudy Giuliani’s associates Lev Parnas and Igor Fruman and is also probing Giuliani, a top Trump confidante. 

Trump has appointed an interim replacement?

Barr’s statement indicated that the Trump administration has already appointed an interim replacement for Berman in the form of Craig Carpenito, the current US Attorney for the District of New Jersey, and he is set to take over on July 3.

“On my recommendation, the President has appointed Craig Carpenito, currently the United States Attorney for the District of New Jersey, to serve as the Acting United States Attorney for the Southern District of New York, while the Senate is considering Jay Clayton’s nomination. This appointment will be effective July 3, and Craig will work closely with the outgoing United States Attorney to ensure a smooth transition. I thank Craig for his continued service and for taking on this important interim responsibility,” Barr said before thanking Berman for having done “an excellent job”.

Last fall, the justice department discussed replacing Berman with senior official Ed O’Callaghan but then prosecutors indicted the Giuliani associates and the move appeared to have saved Berman that time. But the latest controversy, which started late on Friday after the timing of the move was announced shortly before 10 pm ET, raised questions about the circumstances over Berman’s exit.

Preet Bharara, a former SDNY attorney, who was fired by Trump shortly after coming to office, told CNN called the late-night announcement a “highly irregular thing to do”. 
Twitter exploded in support of Berman for his stubborn stand with one even seeking him as a presidential candidate in 2024. #Berman and #BermanIsAHero were also trending. Barr, on the other hand, was being lambasted.

Social media users went on to praise Berman and even said he should be the US President in 2024. “#Berman for President 2024,” wrote a user while another said, “Thank God finally for a man with a spine.”

One Twitter user posted, “#Berman has balls” while another tweeted, “Dearest Attorney Berman, make lots and lots and lots of copies and get a security detail. Thank you, the American people”. “It looks like #Berman’s hand is very close to @realDonaldTrump ‘s neck,” added another.

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