Thoughts on the Berman situation:
(1) The key question is why this is happening now. Is it because Berman has been too independent and decent in general? Or is it because of something that is going on right now?
(1) The key question is why this is happening now. Is it because Berman has been too independent and decent in general? Or is it because of something that is going on right now?
(2) Berman’s statement may be teasing the latter possibility, but the language in the last sentence could also be boilerplate—the kind of things prosecutors say to impress upon others the independence of their work.
(3) The situation is horrid either way but the latter situation implies another acute rule of law crisis, whereas the former reflects a continuation of a pattern of abusive, retaliatory firings of investigators who do their jobs.
(4) Congress has an immediate, urgent interest in finding out which situation we are dealing with.
(5) I am going to let this situation ripen and clarify before saying more but will plan on writing about it on @lawfareblog tomorrow.
