An announcement by Barr, at 10:00 pm, Friday, June 20 that United States Attorney for the Southern District of New York Geoffrey Berman was resigning.
Not so fast.
Berman replied that he has no intention of resigning until President Trump nominates and the Senate confirms a permanent United States Attorney for the Southern District of New York.
After service as Acting United States Attorney, Berman was appointed United States Attorney by the unanimous vote of the Judges of the Southern District of New York. Under the Vacancy Reform Act, he holds office until a successor is regularly nominated, confirmed and appointed.
I do not believe either President Trump or Attorney General Barr have the statutory authority to fire him, due to the fact that he is judicially appointed.
The only lawful way Trump can remove him is by getting his own nominee confirmed by the Senate.
Berman should stand his ground. He has every right to that office until Trump gets his nominee confirmed.
On a related note.
I believe all United States Attorneys should be appointed by the Judges of their district, taking that power completely away from the President. This would help depoliticize the individual offices.