Tag Archives: William Barr

DOJ attorney refuses to resign as announced by Attorney General Barr

The swamp continues to win: Today attorney general William Barr announced that U.S. attorney Geoffrey Berman, who has overseen a number of investigations and witch hunts against Trump associates (including his lawyer Michael Cohen), was resigning.

This evening Berman denied he was resigning, stating that he had no intention of leaving his post until the Senate approves his successor.

I have no idea what is going on here, but if Barr is supposed to be in charge, it sure doesn’t look like it. Instead, it looks like this member of the anti-Trump swamp, recognizing Trump’s weakness during the Wuhan panic and the recent anti-American riots, has decided he can defy his superiors and get away with it. And even if Trump does fire him, he will benefit financially because he knows the leftist Democratic press will pour money into his pockets for being a Trump opponent.

UPDATE and more proof the swamp is winning: Senator Lindsey Graham (R-South Carolina) has now blocked Trump’s nominee (which is for the NY office of the Justice Department), claiming that it must first be approved by New York’s senators.

The article also makes the incredible claim that Trump, the sitting president of the United States and with whom Article II, Section 1, of the Constitution clearly states holds that executive power, cannot fire Berman.

Can Trump fire Berman? Uh … probably. It would be strange and likely a violation of separation of powers if the head of the executive branch couldn’t fire an employee at the Department of Justice. (We went through this with Mueller, remember.) The fact that Berman was appointed by a federal court, not the president, adds a wrinkle, though. And federal law adds another wrinkle about how, exactly, a court-appointed U.S. Attorney is to be replaced:

“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,” — Steve Vladeck (@steve_vladeck) June 20, 2020

This Vladeck then adds

Of course, the Trump DOJ may argue that § 546(d) is unconstitutional insofar as it prevents the President from removing Berman, but that’s complicated here by Berman being an *Acting* U,S. Attorney—over whose appointment and removal Congress can arguably exercise *more* control.

If we have reached the insane situation where a Republican President can no longer fire those under him, then our Constitutional government is truly dead.

UPDATE: Trump has now fired Berman. We shall see whether the courts and the swamp will let that action stand.

House FISA court reauthorization reaches Senate

You gotta have your KGB: A House-passed FISA court reauthorization bill, which makes some superficial claims at reining in the abuses of that court by FBI and Justice officials in the past four years, has now reached the Senate.

Overall this new law is junk, and accomplishes nothing. Though it does increase penalties for misuse, and allows for outside review in more situations, the secret court will continue, available to authorize the illegal surveillance of American businesses and individuals, for political reasons.

Is Justice investigation really getting serious about anti-Trump coup attempt in FBI/CIA?

Two stories that have been trending like crazy through the conservative news media in the past 24 hours suggest that the investigation by the Justice Department into the anti-Trump spying and coup attempt by the FBI and the CIA might finally be heating up.

I remain somewhat skeptical. The first story is based on two anonymous sources, which makes me very suspicious. I purposely waited before reporting on it because I have found such stories too often turn out to be either fake or unreliable.

I also don’t take the second story very seriously because Horowitz has been promising his FISA report now for months. His promises, and non-delivery, have increasingly reminded me of Richard Branson’s endless promises that “SpaceShipTwo will be flying in space in mere months!”

At the same time, it is important to note both stories. Horowitz’s FISA probe will be released. And Durham’s investigation, under Attorney General William Barr’s direction, has appeared to be so far aggressive and pointed. If both deliver what these stories suggest, then we might finally get some real prosecutions of some real villains, people in the FBI and CIA who conspired for the past three years to try to overturn a legal U.S. election.