Saturday, June 20, 2020

Trump Out of Control: Firing People for Doing Their Jobs (He Fears Oversight)

On the warpath against everything good and decent
(People, Programs, and Policy)

He has only one view: Him on top above the law
(And, he has the record to prove it)




Second Major Update of the Following Story (and so typical Trump) Pass the blame for his action(s) – this update here from The Hill – highlights those Trump tactics follow:

White House press secretary Kayleigh McEnany on Monday (June 22) defended the administration's abrupt firing of one of the government's top prosecutors and sought to downplay President Trump's involvement.

Trump’s ploy key elements according to the article and McEnany’s statement.

McEnany at a press briefing sought to explain conflicting explanations of Trump's involvement about the Berman case saying: The attorney general was taking the lead on this matter. He did come to the president and report to him when Mr. Berman decided not to leave, and at that point is when the president agreed with the attorney general. He was involved in a sign-off capacity.”

She then denied Berman was fired because he led or was leading investigations into former Trump lawyer Michael Cohen, current Trump lawyer Rudy Giuliani, two of Giuliani’s associates, or about the late Jeffrey Epstein (close acquaintance of Trump).

She did not specify why the administration wanted Berman to leave the post immediately instead of waiting for a Senate-confirmed replacement.

But she said the president nominated Securities and Exchange Commission Chairman Jay Clayton for the role because Clayton "wanted to go back to New York City, and we wanted to keep him in government and therefore he was given the position at SDNY to replace Berman. 

(NOTE: Clayton has zero prosecutor experience.)

The conflict: Barr earlier announced that Trump had fired Berman, and that Berman's deputy would take over the job until the Senate confirmed a new attorney for the post. Trump after that told reporters that he was "not involved in Berman's ouster,” that despite Barr saying he had approved the firing.
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Original post and first update follow from here.

First Update of the Following Story (from the AP at 4 pm, June 20 via Yahoo news in part below):

WASHINGTON (AP) — An unusual standoff between AG Barr and Manhattan's top federal prosecutor, Geoffrey Berman ended today (June 20) when Berman suddenly agreed to leave his job with an assurance that investigations by the prosecutor's office into the president's allies would not be disturbed.

Berman announced in an early evening statement that he would leave his post, ending increasingly nasty exchanges between Barr and Berman. Trump, meanwhile (as usual in these sticky cases) distanced himself from the dispute, telling reporters the decision “… was all up to the Attorney General.”

In a letter made public by the DOJ Barr said he expected to continue speaking with Berman about other possible positions within the department and was surprised by the Berman statement he released.

Barr wrote: Unfortunately, with your statement of last night, you have chosen public spectacle over public service. 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.”

Barr said Trump had removed Berman, but Trump told reporters (in true Trump fashion to pass the blame to anyone except himself): “That’s all up to the attorney general. Attorney General Barr is working on that. That’s his department, not my department. I wasn't involved.”

Barr offered no explanation for his action. The White House announced that Trump was nominating SEC Chairman Jay Clayton, a well-connected Wall Street lawyer with no experience as a federal prosecutor, for the job.

It ain’t over till it’s over” (famous quip by Yogi Berra applicable), so stay tuned.
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ORIGINAL POST STARTS HERE: This post supports my view and it clearly demonstrates more recently by Trump’s actions that he has taken us to a depth that we may never be able to recover from before as a nation we totally drown.

Trump fires Geoffrey S. Berman, the U.S. Attorney for the Southern District of New York (SDNY).  Berman refused to step down after AG Barr told him to. Berman’s office brought a series of highly sensitive cases that has both worried and angered Trump and others in his inner circle. But legal quick sand stands in Trump’s/Barr’s way – and it shows the dumbasses they truly are – cite:

While the president appoints most U.S. attorneys following Senate confirmation, a law permits the AG to appoint a prosecutor to fill those vacancies for 120 days. If that temporary appointment expires, Federal judges can fill it and then [… a prosecutor appointed by the court will “serve until the vacancy is filled,” the statute says]. That is Berman’s case right now.

Berman was initially appointed by former AG Jeff Sessions, and the federal judges in Manhattan reappointed him after the 120-day period had expired.

Berman in his statement says that Barr could not fire him because he had been appointed by the court. He then declared that he intended to remain in office until the Senate confirms a successor saying clearly: “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.”

I note: This will surely make it to the Supreme Court, and I think Trump and Barr will be slammed. More follows. 

Barr, in his letter on Saturday (June 20), cited a 1979 law, saying: “It is well-established that a court-appointed U.S. attorney is subject to removal by the president.”

In 1979 the then-OLC John Harmon under Carter wrote that office (OLC) has concluded that the president — not the AG — could fire such an official (120-day Court appointed such as Berman).

In that 1979 OLC memorandum opinion, Harmon went on to cite the law that says presidents may fire U.S. attorneys (story here).

The law’s broad wording makes sense, Harman wrote, “… only if it is applied not just to presidentially appointed U.S. attorneys but also is to be read as extending to ‘each’ U.S. attorney, including the court-appointed ones whom the president could not remove without congressional leave.” (Again: this Berman case)

District court judges in Manhattan may be inclined to disagree and back an alternative interpretation that keeps in their hands the power to remove a U.S. attorney they appointed.

But if potential litigation over the issue were to go all the way to the Supreme Court (majority currently are Republican appointees steeped in a conservative ideology of White House power that includes a robust view of the president’s ability to remove officials) it could support Trump.

Harmon wrote in 1979, in that way “… it might violate constitutional protections for due process of law if judges overseeing cases as neutral arbiters had the power to fire prosecutors if the judges did not like how they handled their responsibilities.”

Folks this is very sticky, why you ask as I have: Why is Trump so damn scared and firing people for doing their duly-appointed jobs?

Easy peasy – the heat is on Trump and his corrupt ways and he knows it, thus he is scared sh*tless and has to remove and all investigators getting to close – just that simple.

So, what is Trump all uptight about? Three big issues here:

First, there was the arrest and prosecution in 2018 of his long-time personal lawyer, Michael Cohen (Trump’s longtime legal fixer).

Second, there was the indictment last year of a state-owned bank in Turkey that Trump tried to get dismissed as a favor to Turkish president that Bolton writes about in his book saying: “Trump had promised the Recep Tayyip Erdogan in 2018 that he would intervene in the investigation of the bank, which had been accused of violating sanctions against Iran and get it dropped/stopped.”

Third, Berman and his prosecutors had launched an inquiry into Rudy Giuliani, Trump’s current personal lawyer and the indictment of two of Giuliani’s cronies (NY Times extract): Lev Parnas and Igor Fruman. 

Both indicted for violating federal campaign finance laws.

The bottom line at this stage.

Barr’s attempt to fire Berman got pushback on Saturday (June 20) from an unexpected source: Senator Lindsey Graham (R-SC) close ally of Trump and currently the chairman of the Senate Judiciary Committee — the body that would approve Clayton’s nomination to replace Berman (Clayton at SEC, BTW has never been a prosecutor) — suggested in a statement that he would allow NY’s two Democratic senators (Schumer and Gillibrand) to thwart the nomination through a procedural maneuver. He also complimented Clayton but noted that he had n

Schumer urged Clayton to withdraw his name from consideration for the post and called for an investigation into the decision to dismiss Berman.

The move to push Berman out echoes Barr’s decision earlier this year to remove Jessie Liu from her role as the U.S. attorney in Washington, after Trump’s allies complained to the president and the AG that she was not sufficiently loyal. (Loyalty to Trump is key whether they are doing a great or shitty job – or so it seems).

And, of course these wild Trump IG firings on top of the above as seen here my earlier post.

My 2 cents: Painfully clear (again) that Trump truly wants only a one-man (him) government structure in our country. That must not stand or be allowed.

The evidence is clear – Trump is totally out of control and way, way out of his depth in the knowledge department and the country has suffered enough and we still have 5 months until election – image the wrath Trump can wreak and the havoc he can create.

Very troubling isn’t it?

Thanks for stopping by.

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