Thread by @DavidLat

THREAD. 1. The analysis in this letter from Attorney General Bill Barr to U.S. Attorney (former U.S. Attorney?) Geoffrey Berman is consistent with the analysis in my long thread from last night.

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https://twitter.com/ZoeTillman/status/1274422844722642945

2. It's not Bill Barr who removed Geoffrey Berman, but President Trump himself: "I have asked the President to remove you as of today, and he has done so."

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3. So whether an AG can remove a U.S. Attorney isn't the issue; it's whether a president can (and I think most constitutional scholars, plus the current #SCOTUS, would say the #POTUS of course has this power over an executive-branch official like a USA).

4. Interesting that the Deputy U.S. Attorney, Audrey Strauss, will now serve as Acting U.S. Attorney "until a permanent successor is in place." (No mention of Craig Carpenito, the U.S. Attorney for New Jersey.)

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5. Having the acting role go to Audrey Strauss avoids the Vacancies Reform Act issue that @steve_vladeck and @EricColumbus and I were debating last night; it's a cleaner, more elegant resolution.

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6. The Barr letter cites United States v. Hilario, 218 F.3d 19 (2000), which I mentioned last night. It also cites United States v. Solomon, 216 F. Supp. 835 (1963).

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7. Barr gives a shoutout to Michael Horowitz, Inspector General for @TheJusticeDept, and says that claims of improper interference in cases should be directed to him in his role as IG.

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8. Bottom line: Bill Barr is trying to cross his t's and dot his i's re: the removal of Geoff Berman as USA.

This could have been handled better, obviously, but I suspect that this will hold up if challenged in court.

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9. Update to this thread. Per @hunterw "President Trump just told reporters at the White House that he's 'not involved' with the firing of US Attorney Berman. Trump said it's up to Attorney General Bill Barr."

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10. Sorry, Mr. President, but that was the wrong thing to say.

If you want to fire Berman, fine -- but you need to OWN it.

#POTUS needs to call up Berman and bark into the phone, Apprentice-style, "You're fired!"

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