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Chris Geidner @chrisgeidner
, 8 tweets, 3 min read Read on Twitter
Also incredible that Geoffrey Berman is still the US Attorney for SDNY, despite never having been nominated, let alone confirmed, to the post.
We've been talking a lot about Whitaker and Barr and so on, but Berman's situation is also a big deal. Berman was being pitched for the nomination in July 2017 — buzzfeednews.com/article/zoetil… — and was interviewed by President Trump personally for the job: politico.com/story/2017/10/…
And yet, no nomination came. But, then, on Jan. 4, 2018, then-AG Sessions appointed Berman as interim US Attorney for the Southern District of NY under a provision allowing such "interim" appointments.
Then, despite Berman allegedly being "interim," no nominee — including his name — was forthcoming from Trump and that interim appointment by Sessions could only last for 120 days under the law. law.cornell.edu/uscode/text/28…
So, the courts stepped in. Under the law, if such an interim appointment expires the district court for that district can make an appointment to serve "until the vacancy is filled." The SDNY court did so, and voted to keep Berman on. nytimes.com/2018/04/25/nyr…
That was in April. Nearly eight months later, Berman is still serving as the lead prosecutor for SDNY (appointed to the position by the now-former-AG and then reaffirmed to that post by the very judges to whom he and his office prosecute cases). And there still is no nominee.
In 15 days, Geoffrey Berman will have run the Southern District of New York's US Attorney's Office — the so-called Sovereign District of New York — for a year. ... He was the White House's pick for the job, he is serving in the job, and, yet, he was never nominated for the job.
Follow-up note: There are 22 other US attorneys serving who are not Senate-confirmed (though many, if not all, are different circumstances than Berman). justice.gov/usao/us-attorn…
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