In a surprise move late on Friday night, the US attorney general, William Barr, announced the resignation of Geoffrey Berman, the US attorney for the southern district of New York, the home of investigations and prosecutions of allies of Donald Trump including Rudy Giuliani and Michael Cohen.
Berman was among those taken by surprise. In a statement that set up a remarkable standoff between the administration and the leader of a district which regularly tries major mob and terror cases, the attorney said he had no intention of quitting.
“I have not resigned, and have no intention of resigning,” Berman said, adding he learned of his supposed departure from a Department of Justice press release.
“I will step down when a presidentially appointed nominee is confirmed by the Senate,” he said. “Until then, our investigations will move forward without delay or interruption. I cherish every day that I work with the men and women of this office to pursue justice without fear or favor – and intend to ensure that this office’s important cases continue unimpeded.”
The dispute comes amid accusations from Democrats that Barr has politicised the DoJ and acted like Trump’s personal attorney.
Chuck Schumer, the Senate minority leader, said: “This late Friday night dismissal reeks of potential corruption of the legal process. What is angering President Trump? A previous action by this US attorney or one that is ongoing?”
The announcement came after Barr visited New York and met police officials. It also came days after the former national security adviser John Bolton claimed in his tell-all book that Trump promised the Turkish president he would interfere in the Halkbank case, which was being prosecuted in the SDNY.
Jerrold Nadler, the House judiciary chair, like Schumer from New York, said he would invite Berman to testify.
In a statement, Barr thanked Berman for his “tenacity and savvy” and for doing “an excellent job”, and said Trump intended to nominate Jay Clayton – the chair of the US Securities and Exchange Commission but with virtually no experience as a federal prosecutor – to Berman’s position. The US attorney in New Jersey, Craig Carpenito, would be acting US attorney, Barr said.
Berman was not confirmed by the Senate. Instead, in accordance with a law that says he can serve until the vacancy is filled, he was appointed by the judges of the district.
Steve Vladeck, a professor of law at the University of Texas, said on Twitter it was “clear” that “Barr lied [and] something really stinks”.
“Legally, Barr can’t fire Berman,” Vladeck said. “Berman can be replaced by a Senate-confirmed successor. Not clear: Whether Trump can fire Berman. Whether Barr [or] Trump can name his replacement without Senate confirmation. Why this happened.”
Vladeck also pointed out that Carpenito has neither been confirmed by the Senate nor selected by district judges.
A DoJ official who spoke to Reuters said Clayton, who had been planning to leave the administration, “expressed interest” and Barr “thought it was a good idea”.
Elie Honig, a former federal and state prosecutor now an analyst for CNN, asked: “What would make anybody look at a person with zero prosecutorial experience – zero – and say ‘That’s the guy who needs to lead the SDNY’?”
Berman, a Republican who contributed to Trump’s campaign, was installed in January 2018, months after Preet Bharara was fired from the post after refusing to resign along with dozens of other prosecutors appointed by Barack Obama. On Twitter on Friday night, Bharara said: “Yes, the attorney general is a liar.”
The SDNY has prosecuted Trump associates including Cohen, Trump’s former personal lawyer who served a prison sentence for lying to Congress and campaign finance crimes.
Berman recused himself from the Cohen investigation, for reasons that were never disclosed, but he has also been in charge of the case of Jeffrey Epstein, the financier and convicted sex offender who counted Trump among powerful friends and who died in custody last year.
Prosecutors are also reportedly investigating Trump attorney Rudy Giuliani’s business dealings, including whether he failed to register as a foreign agent. No wrongdoing has been formally alleged.
Berman’s office also subpoenaed Trump’s inaugural committee for documents as part of an investigation into potential crimes including possible illegal contributions from foreigners.
Weeks before the 2018 midterm elections, Berman announced insider trading charges against an ardent Trump supporter, Chris Collins, who subsequently resigned from Congress.
The office also brought charges against Michael Avenatti, the lawyer who represented the adult film actor Stormy Daniels in lawsuits involving Trump and was convicted in February of trying to extort sportswear giant Nike.
Among commentators pondering Berman’s reference to investigations that “will move forward without delay or interruption”, Harry Litman, a former US attorney, hinted at trouble ahead.
“Whatever cases involving Trump and allies have been vexing Trump and Barr,” he wrote, “you can bet they’re gonna move at double time now and more likely also that we learn about them through leaks.”
What happens next remains unclear. The DoJ official who spoke to Reuters said the timeline for Berman’s replacement “remains the same”, which would mean Carpenito taking over from 3 July.
In an email, Carl Tobias, a law professor at the University of Richmond, said: “Barr could attempt to fire Berman, but Berman would likely refuse to go. Barr might then try to persuade a court he can fire Berman and order Berman to step down. However, Barr would likely sue in SDNY, and the SDNY judges properly appointed Berman and may be reluctant to rule for Barr.
“Barr could wait until 3 July and try to force Berman out. Meanwhile, Trump could nominate Clayton, [Trump ally Lindsey] Graham could rush a Senate judiciary committee hearing and the Senate could confirm him, and Berman has said he would resign then.
“One big problem is the Senate leaves on 27 June for a recess, until the week of 6 July.”
On Saturday, Berman showed up to work in Manhattan.
“I’m just here to do my job,” he said.