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Ousted U.S. attorney who investigated Trump associates says Barr urged him to take another job Ousted U.S. attorney who investigated Trump associates says Barr pushed him to resign and take another job
(about 1 hour later)
Attorney General William P. Barr asked then-U. S. Attorney Geoffrey Berman if he would consider the job of Securities and Exchange Commission chairman to clear the way for President Trump to install a political ally as the leader of the powerful head of the federal prosecutors’ office in Manhattan. Attorney General William P. Barr repeatedly pressured then-U.S. Attorney Geoffrey Berman to resign last month and take another job — including as chairman of the Securities and Exchange Commission — to clear the way for President Trump to install a political ally as the leader of the powerful federal prosecutors’ office in Manhattan.
Berman, who is testifying privately before the House Judiciary Committee Thursday, described in a written statement the unusual sequence of events — including a standoff with Barr — that led to his departure last month. Berman, who testified privately before the House Judiciary Committee Thursday, described in a written statement the unusual sequence of events that led to his departure June 20.
Barr pressured Berman to step aside, saying that if he did not, he would be fired, according to the statement, a copy of which was obtained by The Washington Post. In addition to discussing the SEC chairmanship, Barr also offered Berman a job as head of the Justice Department’s Civil Division; Berman was not interested in either position. “The Attorney General said that if I did not resign from my position I would be fired,” he said in his statement, a copy of which was obtained by The Washington Post. “He added that getting fired from my job would not be good for my resume or future job prospects. I told him that while I did not want to get fired, I would not resign.”
“He added that getting fired from my job would not be good for my resume or future job prospects,” Berman wrote. Barr urged Berman to step aside, saying that if he did not, he would be fired, according to the statement. Portions of the statement were first reported by Axios.
He said he told Barr that while “I did not want to get fired, I would not resign.” In addition to discussing the SEC chairmanship, Barr also offered Berman a job as head of the Justice Department’s Civil Division; Berman was not interested in either position.
The contests of the statement were first reported by Axios.
The revelation of Barr’s pressure tactics adds to the picture of what was already known about the extraordinary turn of events that culminated in Berman stepping down amid suspicions that he was being ousted for political reasons. The administration’s critics have said they believe that Trump wanted him gone because Berman’s prosecutors had been investigating the president’s allies, including Trump’s personal lawyer Rudolph W. Giuliani.The revelation of Barr’s pressure tactics adds to the picture of what was already known about the extraordinary turn of events that culminated in Berman stepping down amid suspicions that he was being ousted for political reasons. The administration’s critics have said they believe that Trump wanted him gone because Berman’s prosecutors had been investigating the president’s allies, including Trump’s personal lawyer Rudolph W. Giuliani.
Thursday’s closed-door session is part of the committee’s inquiry into Barr’s management of the Justice Department and what Democrats deem his “unprecedented politicization” of the historically apolitical agency. Barr, who has been criticized for intervening in cases of personal consequence to the president, is due to testify publicly before committee at the end of July.Thursday’s closed-door session is part of the committee’s inquiry into Barr’s management of the Justice Department and what Democrats deem his “unprecedented politicization” of the historically apolitical agency. Barr, who has been criticized for intervening in cases of personal consequence to the president, is due to testify publicly before committee at the end of July.
After the testimony ended, Committee Chairman Jerrold Nadler (D-N.Y.), referring to Barr’s offer of another job to Berman, told reporters, “We don’t know yet if the attorney general’s conduct is criminal, but that kind of quid pro quo is awfully close to bribery.”
Committee Republicans dismissed the testimony of Berman, a lifelong Republican and party donor. “Berman provided no testimony today that any case involving the president or any other human being was at all a part of the decision to move him out of the Southern District,” said Rep. Matt Gaetz (R-Fla.)
Berman had informed the panel in advance that he would not discuss ongoing investigations or speculate on the reasons for his removal.
The Justice Department had no immediate comment Thursday on Berman’s statement.
Trump ousts U.S. attorney who investigated president’s associatesTrump ousts U.S. attorney who investigated president’s associates
Berman’s testimony is expected to shed light on the increasingly fraught relationship between a powerful U.S. attorney’s office that prides itself on its prosecutorial independence — the Southern District of New York — and a president who demands absolute fealty from officials within the executive branch. Berman’s testimony shed light on the increasingly fraught relationship between a powerful U.S. attorney’s office that prides itself on its prosecutorial independence — the Southern District of New York — and a president who demands absolute fealty from officials within the executive branch.
Trump has nominated Jay Clayton, the current head of the SEC, to be the next U.S. attorney for the Southern District of New York although he has no experience as a federal prosecutor — a point Berman made to Barr.Trump has nominated Jay Clayton, the current head of the SEC, to be the next U.S. attorney for the Southern District of New York although he has no experience as a federal prosecutor — a point Berman made to Barr.
Senate Republicans have indicated they are unlikely to move ahead on the nomination.Senate Republicans have indicated they are unlikely to move ahead on the nomination.
Berman’s departure June 20 capped a dizzying set of developments that began with a meeting with Barr in Manhattan the day before, when the attorney general offered the Civil Division post. At 9:15 p.m. that Friday, in a surprise move, Barr announced that Berman was stepping down; that Trump planned to nominate Clayton, to take his place; and that in the interim Trump would appoint the U.S. attorney for the District of New Jersey, Craig Carpenito, to oversee the New York office in an acting capacity. Berman’s departure capped a dizzying set of developments that began at 12:10 p.m. Friday, June 19, when Berman — at the attorney general’s request — met Barr for roughly 45 minutes in a suite at the Pierre Hotel in Manhattan.
About two hours later, Berman fired back, saying he had not resigned and intended to stay in his job until a nominee was confirmed to ensure the office’s investigations “continue unimpeded.” At 1 a.m., he sent a message to his staff of more than 200 attorneys. “Please know that my only concern is protecting this office and your work,” the message said. “It is the privilege of a lifetime to be your U.S. attorney and I will do everything in my power to honor the trust you have given me.” Statement from Geoffrey S. Berman, ousted U.S. attorney to Congress
Barr began by saying he “wanted to make a change in the Southern District of New York,” Berman wrote. Sandwiches were on the table, but nobody ate. Barr said there was an opening as the head of the department’s civil division. He asked Berman to resign his position and take that job, saying that it would create an opening for Clayton to be nominated.
Berman told Barr he “loved” his job and asked the attorney general if he were “in any way dissatisfied” with his performance. Barr said he was not and that the move was “solely prompted by Jay Clayton’s desire to move back to New York” and the “administration’s desire to keep him on the team.”
Berman told Barr he knew and liked Clayton but that “he was an unqualified choice.”
He said he was not interested in the civil division job or in resigning, and that he would leave when a nominee was confirmed. He told Barr that there were important investigations he wanted to see through to completion.
Barr repeatedly urged Berman to take the civil division position, leading Berman to at one point compare Barr’s request to what happened with the U.S. Attorney in the District of Columbia. In that case, the U.S. attorney was replaced with someone outside that office. Berman said he was signaling to Barr “that I was not going to resign so he could disregard normal procedure and appoint someone from outside the Southern District” instead of his deputy.
During the meeting Barr asked Berman for his cellphone number so that Barr could call him later that day. Berman gave him his personal cell number and told him that his position “would not change this afternoon or in the future.”
After the meeting, Berman called senior aides and attorneys who might represent him if he were fired. He said he wanted to be ready to challenge the firing on the grounds that he was appointed by the judges of the Southern District and therefore could not be fired by the attorney general or the president.
Later that evening he had a brief conversation with Barr. He told Barr he wanted until Monday to discuss the situation with his executive staff. At that point Barr offered him the SEC chairman position, Berman demurred and repeated that he wanted to have a final conversation on Monday.
“This is about you,” Barr said. Replied Berman: “It’s about the office.”
That was the last time the two men spoke.
At 9:15 p.m. that Friday, in a surprise move, Barr announced that Berman was stepping down; that Trump planned to nominate Clayton, to take his place; and that in the interim Trump would appoint the U.S. attorney for the District of New Jersey, Craig Carpenito, to oversee the New York office in an acting capacity.
Appointing Carpenito as acting U.S. attorney “would have been unprecedented, unnecessary and unexplained,” Berman wrote.
About two hours later, Berman fired back, saying he had not resigned and intended to stay in his job until a nominee was confirmed to ensure the office’s investigations “continue unimpeded.”
At 1 a.m., he sent a message to his staff of more than 200 attorneys. “Please know that my only concern is protecting this office and your work,” the message said. “It is the privilege of a lifetime to be your U.S. attorney and I will do everything in my power to honor the trust you have given me.”
Barr in standoff with U.S. attorney Geoffrey Berman, who investigated Trump associatesBarr in standoff with U.S. attorney Geoffrey Berman, who investigated Trump associates
The standoff lasted through much of that Saturday. Barr sent a letter to Berman in the afternoon notifying him that “because you have declared that you have no intention of resigning, I have asked the president to remove you as of today, and he has done so.” He said that, as a result, Berman’s deputy, Audrey Strauss, would serve as acting U.S. attorney until a successor could be confirmed. The standoff lasted through much of that Saturday.
With the knowledge that his handpicked deputy would take up the reins, Berman dropped his resistance to leaving. At about 3:30 p.m., Barr released a letter he had sent to Berman notifying him that he had been fired by the president.
Trump told reporters that firing Berman was “all up to” Barr and that he was “not involved.” White House press secretary Kayleigh McEnany acknowledged two days later that Trump had given the “sign-off.” In what Berman called a “critical concession,” Barr also stated that Berman’s deputy, Audrey Strauss, and not Carpenito, would serve as acting U.S. attorney until a successor could be confirmed.
Trump’s pick for Manhattan U.S. attorney refuses to say he would recuse from probes of president’s associates “With that concession and having full confidence that Audrey would continue the important work of the office, I decided to step down and not litigate my removal,” he wrote.
Berman, 60, a lifelong Republican who had volunteered on the Trump transition team, was appointed U.S. attorney on an interim basis by then-Attorney General Jeff Sessions in January 2018. Trump personally interviewed Berman, who had been an assistant U.S. attorney in Manhattan from 1990 to 1994. When 120 days had passed without the president nominating a permanent U.S. attorney, the judges of the Southern District stepped in and appointed Berman to the job, pursuant to federal law.Berman, 60, a lifelong Republican who had volunteered on the Trump transition team, was appointed U.S. attorney on an interim basis by then-Attorney General Jeff Sessions in January 2018. Trump personally interviewed Berman, who had been an assistant U.S. attorney in Manhattan from 1990 to 1994. When 120 days had passed without the president nominating a permanent U.S. attorney, the judges of the Southern District stepped in and appointed Berman to the job, pursuant to federal law.
Over the ensuing months Berman’s office brought a number of high-profile cases that involved Trump associates, including convicting the president’s former personal attorney Michael Cohen of tax evasion, campaign finance violations and lying to Congress. Last October, Southern District prosecutors charged two Trump and Rudolph W. Giuliani associates, Lev Parnas and Igor Fruman, with scheming to funnel foreign money to U.S. politicians while trying to influence U.S.-Ukraine relations.Over the ensuing months Berman’s office brought a number of high-profile cases that involved Trump associates, including convicting the president’s former personal attorney Michael Cohen of tax evasion, campaign finance violations and lying to Congress. Last October, Southern District prosecutors charged two Trump and Rudolph W. Giuliani associates, Lev Parnas and Igor Fruman, with scheming to funnel foreign money to U.S. politicians while trying to influence U.S.-Ukraine relations.
Giuliani associates arrested on campaign finance chargesGiuliani associates arrested on campaign finance charges
There had been discussion last fall that Berman might be removed and replaced with Ed O’Callaghan, a former federal prosecutor in Manhattan who served as then-Deputy Attorney General Rod J. Rosenstein’s top assistant. But talk of replacing Berman ceased after Parnas and Fruman were charged, as such a development may have appeared retaliatory.
Analysts have noted that if Trump sought to replace Berman with a more malleable U.S. attorney, the effort backfired. Strauss, colleagues say, possesses the experience and acumen to guide the office through turbulent times while upholding its long tradition of independence.Analysts have noted that if Trump sought to replace Berman with a more malleable U.S. attorney, the effort backfired. Strauss, colleagues say, possesses the experience and acumen to guide the office through turbulent times while upholding its long tradition of independence.
A registered Democrat, she was an assistant U.S. attorney in the Southern District from 1976 to 1983. While there, she bested defense attorney and political fixer Roy Cohn, a man Trump has called a mentor, in his attempt to overturn convictions of two Mafia members. Strauss later served on the staff of the independent counsel investigating the Iran-contra affair.A registered Democrat, she was an assistant U.S. attorney in the Southern District from 1976 to 1983. While there, she bested defense attorney and political fixer Roy Cohn, a man Trump has called a mentor, in his attempt to overturn convictions of two Mafia members. Strauss later served on the staff of the independent counsel investigating the Iran-contra affair.