Attorney General William Barr announced Friday night that the U.S. Attorney for the Southern District of New York, who was appointed to his position by a federal court, was resigning from his post and being replaced by an acting U.S. Attorney who has never been a prosecutor. The problem is that SDNY’s Geoffrey Berman doesn’t see it the same way and says he has no intention of stepping down. That’s likely because Berman thinks he is entitled, by federal law, to remain in that role until the Republican-led Senate confirms a nominee.
Berman oversaw the prosecution of former Trump lawyer Michael Cohen. His office also brought criminal cases against Trump lawyer Rudy Giuliani’s former business associates Lev Parnas and Igor Fruman. Berman’s office is currently investigating Giuliani. And under Berman’s leadership, SDNY famously brought sex-trafficking charges against the since-deceased Jeffrey Epstein.
But Barr said Friday that, with Berman out, an acting replacement is ready to step in, and that President Donald Trump already has a permanent replacement for Berman in mind. It’s been reported that Barr forced Berman out.
“I am pleased to announce that President Trump intends to nominate Jay Clayton, currently the Chairman of the Securities and Exchange Commission, to serve as the next United States Attorney for the Southern District of New York. For the past three years, Jay has been an extraordinarily successful SEC Chairman, overseeing efforts to modernize regulation of the capital markets, protect Main Street investors, enhance American competitiveness, and address challenges ranging from cybersecurity issues to the COVID-19 pandemic,” the attorney general legal authority force attorney crime
