Removal of prosecutor stirs ire
Democrats want ‘‘corrupt firing’’ of U.S. attorney probed
Senate Minority Leader Charles E. Schumer, D-N.Y., is calling for an independent investigation after the U.S. attorney for the Southern District of New York left his post Saturday amid a public battle with Attorney General William Barr, who sought to remove him.
The removal of U.S. Attorney Geoffrey Berman has raised concerns among Democrats that it was done to protect President Donald Trump, whose associates Berman has investigated, including Rudolph Giuliani, the president’s personal lawyer and a former New York City mayor.
U.S. Rep. Hakeem Jeffries, DN.Y., told ABC’S “The Week” that House Democrats have invited Berman to testify before the Judiciary Committee and expect that he will do so soon. On Wednesday, two Department of Justice whistleblowers are scheduled to testify before the committee.
Schumer wrote to Department of Justice Inspector General Michael Horowitz and Office of Professional Responsibility Director Jeffrey Ragsdale Monday asking them to immediately conduct a joint investigation into Berman’s departure.
“As the attorney general was not truthful when he initially represented that U.S. Attorney Berman was ‘stepping down,’ this corrupt firing cannot be explained by cause and gives the impression that the president interfered in ongoing criminal investigations into himself and his associates,” Schumer wrote. “To help restore confidence in and prevent further abuses to the administration of justice, the American people deserve to know the truth.”
Schumer and Sen. Kirsten Gillibrand, D-N.Y., called on Trump’s new nominee for the position, Jay Clayton, to withdraw his name from consideration.
“I will not be complicit in helping President Trump and Attorney General Barr fire a U.S. attorney who is reportedly investigating corruption in this administration,” Gillibrand said. “Jay Clayton should withdraw his name from consideration immediately and remove himself from this sham. President Trump cannot be allowed to desecrate our nominations process further.”
On Friday, Barr announced in a press release that Berman was “stepping down” from his post after two and a half years. Berman said in his own subsequent press release that he had not resigned, had no intention of resigning and had only learned he was “stepping down” in Barr’s press announcement.
“I will step down when a presidentially appointed nominee is confirmed by the Senate,” Berman said. “Until then, our investigations will move forward without delay or interruption. I cherish every day that I work with the men and women of this office to pursue justice without fear or favor – and intend to ensure that this office’s important cases continue unimpeded.”
Barr sent Berman a letter Saturday announcing that Trump was removing him from office because Berman would not leave the position in an “amicable” way. Barr announced that deputy U.S. attorney for the Southern District of New York, Audrey Strauss, would fill the post until a permanent successor is confirmed by the Senate.
“I wanted the opportunity to choose a distinguished New York lawyer, Jay Clayton, to nominate as United States Attorney and was hoping for your cooperation to facilitate a smooth transition,” Barr wrote to Berman. “When the Department of Justice advised the public of the president’s intent to nominate your successor, I had understood that we were in ongoing discussions concerning the possibility of your remaining in the department or administration in one of the other senior positions we discussed, including assistant attorney general for the Civil Division and chairman of the Securities and Exchange Commission.”
Clayton is the current chairman of the U.S. Securities and Exchange Commission. Barr said his experience with financial regulations gave him the “ideal background” for the Manhattanbased U.S. attorney’s position.
Berman was an assistant U.S. attorney for the Southern District of New York from 1990 to 1994 and then worked in private practice until he was tapped for the top job in that office in 2018.