Declaration of Attorney General William Barr replaces Geoffrey Berman from the US Attorney’s Office for the Southern District of New York renewing the debate to what extent Barr acted on President Donald Trump’s interests rather than the country’s interests. Berman’s office, which refused to quit, led an investigation into Trump’s lawyer Rudolph Giuliani and his colleagues and also indicted Turkish state-owned companies involved in the removal of Iranian sanctions that had been filed by Turkish President Recep Tayyip Erdogan with Trump.
A number of former Justice Department officials have called for Barr to step down from a series of interventions that appear to be specifically designed to benefit Trump politically. Berman’s refusal to leave quietly in the meantime sparked a new crisis and government dissension for an already shaken government that struggled to overcome the pandemic, as a result of the economic crisis and national calculations on race.
The president has been thinking of moving Berman for two years and believes that the investigation of Giuliani was an attempt to damage him politically, two sources told Kevin Liptak of CNN. But the dramatic events on Friday night aroused new intrigues as to why Barr and Trump suddenly wanted to overthrow Berman – the Trump donor who was appointed by the Trump administration in 2018 – less than five months before the election.
Berman, before walking to his office in downtown New York Saturday morning, told reporters, “I issued a statement last night, I had nothing to add that morning. I’m just here to do my job.”
Basically, this episode reveals the extent to which an President with authoritarian impulses, who has worked continuously to challenge the independence of the justice system and try to force him to act in his own personal interests, is ready to act with impunity behind his Senate. liberation by fellow Republicans on charges of impeachment of abuse of power and obstruction of Congress.
In recent weeks, Barr has ordered the purging of demonstrators from Lafayette Square in Washington minutes before the controversial President’s photo-op at a church. His department rejected the prosecution of former Trump national security adviser Michael Flynn – who twice claimed to lie to the FBI – and sought to reduce the recommendation of punishment for political problem solver Roger Stone, another prominent Trump colleague. One year ago, Barr might have saved Trump’s presidency by forming the impression of Robert Mueller’s special advisory report in a way that was favorable to Trump – before anyone could read the report.
Meanwhile the President has destroyed the top leadership of the FBI and the Department of Justice in a way that shows political motivation. He recently threatened to send regular troops to the streets to face anti-racism demonstrations. And he has done the cleaning up of the inspector general who is an independent supervisory officer in the government department.
The Berman controversy came at a time when the President kicked off his 2020 reelection campaign successfully on Saturday night in Oklahoma before a large crowd opposed the Centers for Disease Control and Prevention’s recommendations on pandemic countermeasures.
A ‘Friday Night Massacre’?
The extraordinary event of Berman’s fate was the final disturbing echo of former Richard Nixon’s “Sunday Night Massacre”, when the then president ordered his attorney general to sack special prosecutor Archibald Cox at the height of the Watergate scandal.
On Friday night – the traditional dumping ground for controversial news – Barr issued a press release announcing Berman’s sudden resignation saying that he would be replaced by Jay Clayton, head of the Securities and Exchange Commission, who had never served as a prosecutor .
By itself, Barr’s move is surprising because the Southern District of New York is one of the most prestigious and independent prosecution sites and usually handles highly sensitive financial, political sensitive and terrorism cases.
The fact that SDNY is also investigating and punishing President Michael Cohen’s personal lawyer and currently looking for financial and business affairs Giuliani immediately raised suspicions of conflicts of interest and political interference and new oversight of Barr’s behavior and motivation. Adding to the intrigue is that Giuliani was the top federal prosecutor in New York during the 1980s.
The New York federal prosecutor’s office is also working on a number of cases referred to by Mueller when he completes his investigation into whether the Trump campaign is intentionally collaborating with Russian electoral interference operations. It named the President as “Individual-1” in his case against Cohen saying he directed campaign financial violations related to the payment of silent money to some women who said they had relations with Trump.
The Berman shooting attempt sparked another major fire in Washington with House Judicial Committee Chair Jerry Nadler, a New York Democrat, immediately announcing the hearing for Wednesday and inviting Berman to testify.
“America is right to expect the worst from Bill Barr, who has repeatedly interfered in criminal investigations on Trump’s behalf,” Nadler said in a statement.
CNN legal analyst Laura Coates said late on Friday that if it looks like Barr is facilitating actions that will “undermine wisdom … or continue any case, it adds another note to the fire for people who set fire to their problems with this attorney general and his inability. to improve or truly contribute to the moral and career abilities of prosecutors to do their work. “
Berman refused to leave
The massive confrontation exploded even further when Berman, in an astonishing act, issued a midnight statement himself rebuking Barr for his decision to expel him and refusing to leave, arguing that because he was technically appointed by a panel of judges based on acting. in 2018, Barr did not have the strength to force him out and that he would continue to serve.
“I learned in a press release from the Attorney General tonight that I ‘resigned’ as the United States Attorney. I have not resigned, and have no intention of resigning, my position, which I have appointed by the American Judge. State District Court for The Southern District of New York, “Berman said.
“I will resign when the appointed presidential candidate is confirmed by the Senate. Until then, our investigation will move forward without delay or interference,” he said. Opportunities for a new US lawyer for the Southern District of New York were confirmed long before the election seemed slim and there was a possibility of a legal battle over Berman’s term.
CNN legal analyst Paul Callan said: “I think the President will have a lot of difficulty in forcing Mr. Berman out of the office because he came in strange circumstances.”
Berman’s reference to the investigation immediately raised the question of whether he spoke specifically about the department’s public works or to cases that might interest Barr and Trump specifically.
His defiance made the next step unclear, but at least spoke of the extraordinary chaos that had occurred in the Department of Justice under Trump which had intensified since Barr took over.
CNN has reported increasing tensions between Washington and Berman’s offices, including several cases including the Turkish bank’s Halkbank indictment. In his new book, former national security adviser John Bolton said that Trump told the Turkish strongman that he would “take care of everything” when he replaced prosecutors in New York with his own people. But the Department of Justice and Berman,
bring kasing against Turkish banks in October 2019.
The government is discussing replacing Berman with Ed O’Callaghan, a senior official last fall, but the move was postponed after Guiliani’s colleagues accused by prosecutors Lev Parnas and Igor Fruman, sources said.
Erica Orden from CNN, Evan Perez, Kara Scannell and Kevin Liptak contributed to this report.