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RCE RCE is offline
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First recorded activity by BoatBanter: Dec 2006
Posts: 295
Default Crazy, crazy events ...


This one is going to be interesting:

Friday:

Attorney General Barr requests the immediate resignation of
Manhattan's chief federal prosecutor Geoffrey Berman and
announces the resignation.

Friday night:

Berman basically tells Barr to "stuff it", saying he has
not resigned and has no intention of resigning until his
presidentially-appointed nominee is confirmed by the Senate.

Saturday:

Trump to Berman: "You're fired".

The legal tangle:

As POTUS, Trump has all the authority required to fire
a federal prosecutor. Legal scholars agree.

However he can't permanently replace the prosecutor unless
his nominee is approved by the Senate.

Here's the problem:

Trump never appointed Berman. Jeff Sessions appointed
Berman as the *interim* southern NY federal prosecutor
but Trump, Sessions and Co. never followed up to have his
appointment confirmed by the Senate.

After 120 days he was appointed to the position by the
federal judges in New York’s Southern District.

So, who can fire him?



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