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Politics : Formerly About Advanced Micro Devices -- Ignore unavailable to you. Want to Upgrade?

To: Wharf Rat who wrote (1241157)	6/20/2020 10:28:49 AM
From: locogringo	Read Replies (1) \| Respond to of 1578303

Yes he is leaving comrade. He will leave when I or the Honorable AG Barr (his boss) tells him to leave. He know that he MUST leave when his successor is confirmed, and that's guaranteed with this Senate. He's not more important than the President (as he thinks he is) nor his boss the Honorable Mr Barr. You liberals need to lean your place in society and it's at the bottom of the barrel. T rump fires US Attorney for Southern District of New York ... abcnews.go.com. Jun 20, 2020 · Trump failed to nominate him or any other permanent replacement and, after 120 days, the district court appointed Berman to the job. By law, Berman serves until the vacancy is filled.

To: Wharf Rat who wrote (1241157)

6/20/2020 10:51:02 AM

From: Brumar89

Respond to of 1578303

Since statutes conflict, its up to him if he leaves before the courts decide:

Whether the President can fire Berman, who was court appointed, will have to be decided by the courts. We'll see if Berman steps down willingly or not before the court rules. Based on Barr's failed attempt to fire him, I'm not sure if he will. The President announcing an appointment replacing Berman doesn't automatically put him in the job. The Senate will need to vote on him and I'm wondering if McConnell will just stall.

?@steve_vladeck

To recap:

1) Berman was appointed under 28 U.S.C. § 546(d).

2) That statute contemplates that he keeps his job until a permanent successor is confirmed by the Senate.

3) 28 U.S.C. § 541(c) says U.S. Attorneys are subject to removal by the President.

So the statutes conflict.

One last point:

Because Berman was appointed under 546(d), even if the President can remove him, he can only be replaced by:

1) Someone nominated by the President & confirmed by the Senate; or

2) Someone *else* appointed by judges under 546(d).

Carpenito is neither of those.

Richard Signorelli@richsignorelli

This would be an especially ugly confirmation hearing to replace Berman that I believe McConnell will try to avoid at all costs. Berman may be staying in his job until the end of Trump's term. Expect important announcements in the coming days/weeks from the SDNY. t.co

Renato Mariotti

? @renato_mariotti

Berman was appointed by judges as “Acting” U.S. Attorney to fill the vacancy at SDNY.

It looks like he is taking the position that he can’t be fired by Trump until the Senate confirms a replacement appointed by Trump.

That could force the Senate to grapple with this situation. https://twitter.com/renato_mariotti/status/1274182692813316098 twitter.com/sdnynews/statu s/1274178732476059650 …

Richard Signorelli@richsignorelli

Here are the folks who will not be sleeping well tonight: Rudy, who may soon be charged; Barr, due to his stunning and unsuccessful act of corruption and obstruction; and Stone/Flynn, because receiving a pardon/commutation from Trump just became more politically unpalatable.

Claire McCaskill

Berman may have just flipped the Senate. Will Mitch risk losing the Senate by trying to force Rep Senators to confirm someone clearly being chosen to protect Rudy and Trump?

Demosthenes@Demosthenes561

#MoscowMitch will ignore the whole Berman firing and not lift a finger to confirm a successor. He’ll let it play out in the courts. Why expose senators in his conference who are re-election trouble to more bad publicity. #MoscowMitch isnt crazy.snt crazy.