pb >>9681101 Legal Justification/Rights and Powers for Barr to remove Berman.
pb >>>>9683319 SDNY Speculation/food for thought
Q post 4484 re. Berman SDNY
anons theory: Dems/DS goals and Barr's objectives:
1) stall for time and keep Berman acting by requiring/negotiating for a Senate confirmation process.
2) negotiate to have power to approve any appointee that Barr appoints/prevent Barr's current appointment.
3) Barr will have none of their puppets in that role AND Potus likely is well distanced from these events for obvious reasons, just like Barr cleaned up the SC witch hunt, this is a comparable step.
4) Barr has done this diligently and legally, I would not be surprised if he uses another Attorney (like he did Jensen for Flynn) to review the SDNY actions, to undo the fuggery which certainly exists. Case by Case or District as a whole.
Anon earlier today cited precedent under prolly Jimmy Carter 1979.
This clears it up with no questions left. This man will be leaving on July 3 or I believe Barr will have him locked out of his office or removed by DOJ jackboots
November 26, 1979
79-83 MEMORANDUM OPINION FOR THE ACTING
DIRECTOR, EXECUTIVE OFFICE FOR U.S.
ATTORNEYS
U.S. Attorneys—Removal of Court-Appointed
U.S. Attorney (28 U.S.C. §§ 541, 546)
This responds to your request concerning whether the power to remove
a U.S. Attorney appointed by a district court pursuant to 28 U.S.C. § 546 is vested in the President, the Attorney General, or the appointing court.1
To our knowledge, the question is one of first impression.
Pursuant to 28 U.S.C. § 541(a), the President appoints U.S. Attorneys
by and with the advice and consent of the Senate. Subsection (c) of that section provides that “ [e]ach United States Attorney is subject to removal by the President.” The question is whether the President’s removal power under subsection (c) extends to U.S. Attorneys appointed by the court pursuant to § 546, or whether they can be removed only by the court that appointed them. In our view the first interpretation is the correct one. Normally, as a rule of construction, the power to appoint carries with it the power to remove. See, Myers v. United States, 272 U.S. 52, 119 (1926), and the authorities there cited. Myers, indeed, stands for the proposition that this rule is of a constitutional nature in the case of executive officers appointed by the President by and with the advice and consent of the Senate. On the other hand, where Congress exercises its authority under Article II, section 2, clause 2, of the Constitution by vesting the power of appointing inferior officers in the President alone, the heads of departments, or the courts, it can also regulate the manner for the removal of those officers appointed by department heads and the courts.2 See, United
States v. Perkins, 116 U.S. 483, 485 (1886); Myers v. United States, 272
U.S. at 160-163; Carter v. Forrestal, 175 F.(2d) 364, 366 (D.C. Cir. 1949).
In § 546, Congress has vested in the district courts the power to make interim
appointments of U.S. Attorneys who, under Myers, are characterized
as inferior executive officers. 272 U.S. at 159. Hence the power to
remove court-appointed U.S. Attorneys would rest with the appointing
court, unless Congress has exercised its authority to regulate their
removal.
We believe that Congress has done so in § 541(c), which, as stated above
provides that “ [e]ach United States Attorney is subject to removal by the
President.” [Emphasis added.] In United States v. Solomon, 216 F. Supp.
835 (S.D.N.Y. 1963), the defendant contended that because 28 U.S.C.
§ 506 (the predecessor of § 546) vested the appointive power in the court, it also possessed the power of removal and that this combination provided “ a nexus too close to comport with due process.” The court rejected this contention, stating (p. 843):
[T]he contention rests on an unfounded premise. While the normal
appointive power carries with it the power of removal * * *
the power in this instance is in no wise equivalent * * * President
may, at any time, remove the judicially appointed United
States Attorney pursuant to 28 U.S.C. § 504 [now § 541]. The
language of subsection (b), [e]ach United States Attorney shall
be subject to removal by the President * * * clearly authorizes
the executive to remove any United States Attorney, regardless
of the nature of his appointment. The statutory scheme for the
temporary appointment by the judiciary of the United States Attorney
comports in all respects with due process of law.
U.S. Attorneys.
(continued w/link)
https://www.justice.gov/file/22221/download