Why Berman can ignore "Lower the Barr"

[struggle4progress]

After purging the existing US attorneys, Two Scoops never bothered to nominate any replacement for SDNY, so Sessions made an interim appointment of Berman. Somehow Two Scoops still never found the time to nominate anybody for SDNY, and the interim appointment expired. Then Two Scoops was busy tweeting and continued not to nominate a replacement for SDNY, so the district court appointed Berman, until such time as Two Scoops nominates somebody and the nominee is confirmed by the Senate

... Berman was appointed as interim U.S. attorney for the Southern District of New York in 2018 by then-Attorney General Jeff Sessions following a purge of federal prosecutors in the early days of the Trump administration.

When the interim term of 120 days lapsed without a formal nomination by the president, the judges in the New York district exercised their authority to make Berman’s appointment official, at least until another candidate is nominated and confirmed ...

Who has authority to fire Geoffrey Berman?

"Lower the Barr" is just hoping he can blow smoke up everybody's skirts

28 US Code § 546. Vacancies

(a) Except as provided in subsection (b), the Attorney General may appoint a United States attorney for the district in which the office of United States attorney is vacant.

(b) The Attorney General shall not appoint as United States attorney a person to whose appointment by the President to that office the Senate refused to give advice and consent.

(c) A person appointed as United States attorney under this section may serve until the earlier of —

(1) the qualification of a United States attorney for such district appointed by the President under section 541 of this title; or

(2) the expiration of 120 days after appointment by the Attorney General under this section.

(d) If an appointment expires under subsection (c)(2), the district court for such district may appoint a United States attorney to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the court.

[katmondoo]

1. Trump just fired him. Barr cannot fire Berman but MSNBC said the president can.

[The Velveteen Ocelot]

2. MSNBC isn't a court. Let's see what the courts say.

[struggle4progress]

3. +

[JHB]

4. On what grounds does MSNBC know that?

It's clear Trump has the authority to nominate someone for the post. pending Senate confirmation. It's less clear that he has the authority to arbitrarily remove him unilaterally.

Maybe he does, but that's something which may need to be hashed out in the courts.

[wryter2000]

6. Then, Trump denied having anything to do with firing him

At a press conference, he told reporters it was up to Barr.

[blm]

5. Obstruction of Justice