Barr appears to be ready, willing and able to take care of the business that needs taking care of. Two thumbs up Attorney General William Barr.

Barr’s follow up letter to Berman:
https://www.washingtonpost.com/context/read-attorney-general-william-barr-s-letter-to-geoffrey-berman/aa46f172-b1bd-4edb-84c0-75ceb219e50a/

“In 1887, the Tenure of Office Act was repealed by Congress, and subsequent rulings by the United States Supreme Court seemed to support Johnson’s position that he was entitled to fire Stanton without congressional approval. The Supreme Court’s ruling on a similar piece of later legislation in Myers v. United States (1926) affirmed the ability of the president to remove a postmaster without congressional approval, and stated in its majority opinion “that the Tenure of Office Act of 1867…was invalid.””

Rose: I just realized that the address you gave is slightly different than before, so ignore my harangue in the previous comment.

Rose: You are still using the email address of a woman who says she is not you. Please either provide a different email address when requested, or explain this situation to me properly.

Otherwise, I will very reluctantly will have to consider blocking you. I can’t have someone posting here using another person’s email address.

Note that I am writing this even though I actually agree with much of what you write above. You are illustrating the basic weakness of Trump in his unwillingness to take real control over the people under him.

Please correct me if I have my facts wrong, but isn’t the only reason the administration finds itself in this position is that it has taken more than three years to finally nominate a new US Attorney for SNDY?

When Preet Bharara was fired in March 2017, Joon Kim replaced him in an acting capacity — a position limited to 300 days. When that expired with still no nomination, Geoffrey Berman was appointed as interim US Attorney, a position statutorily limited to 120 days. When April 2018 rolled around with still no nomination submitted to the Senate, the Judges of the Federal District Court in Manhattan unanimously ordered Berman’s judicial appointed acting US Attorney to serve until a replacement was confirmed by the Senate.

Yesterday — more than 39 months after the initial vacancy — it was announced that Jay Clayton (current SEC Chairman) would soon be nominated and that the NJ US Attorney would serve as interim SDNY US Attorney until he was confirmed. But since Mr. Berman’s current position arises from the court order, it is not at all clear that he can be removed by the DOJ before that confirmation.

Questions:
* Was the Manhattan Federal District Court order judicial overreach? It was supposedly done under the authority of 28 USC 546(d), but I’ve not looked at that code and I don’t recall if the administration complained at the time.

* Are there any legal means for the administration to remove a judicially appointed acting US Attorney without cause? What about with cause? (Of course they could have pushed a replacement through comfirmation at any point, but they have a long history with numerous positions of announcing a nominee but never forwarding that nomination to the Senate, apparently preferring the flexibility of temporary and unconfirmed acting and interim officials.)

* Is there modern precedent of nominating for US Attorney someone who, like Mr. Clayton, has never before served as a prosecutor?

* Why now? Is there anything behind reports that this is in response to the SDNY’s continued investigation of Mr. Giuliani?

In the Alternate Universe, Geoffrey has already been rendered off-shore.

Hans Hermann Hoppe
“Absurdistan”
2018
https://youtu.be/8CvbDOJT1ro
4:33

“They should all be hung, rot in jail, or be forced and busy making compensation.”