tracking of the circumstance will supply additional self-confidence that all cases will continue to be
chosen the law and the facts.”
“Dear Mr. Berman:
I was surprised and quite dissatisfied by the press declaration you released last night. As we
discussed, I desired the opportunity to pick a recognized New York legal representative, Jay Clayton, to
nominate as United States Attorney and was expecting your cooperation to facilitate a smooth
transition. When the Department of Justice recommended the general public of the President’s intent to choose
your successor, I had actually comprehended that we were in continuous discussions concerning the possibility of
your staying in the Department or Administration in one of the other senior positions we talked about,
including Assistant Attorney General for the Civil Division and Chairman of the Securities and
Exchange Commission. While we recommended the general public that you would leave the U.S. Attorney’s workplace
in 2 weeks, I still hoped that your departure might be friendly.
With your statement of last night, you have picked public spectacle over public
service. Due to the fact that you have actually stated that you have no intent of resigning, I have actually asked the
President to eliminate you as of today, and he has done so. By operation of law, the Deputy United
States Attorney, Audrey Strauss, will become the Acting United States Attorney, and I expect that
she will serve because capability till an irreversible successor remains in place. See 28 U.S.C. 541(c).
To the degree that your statement reflects a misunderstanding worrying how you might be
displaced, it is reputable that a court-appointed U.S. Attorney goes through elimination by the
President. See United States v. Solomon, 216 F. Supp. 835, 843 (S.D.N.Y. 1963) (acknowledging that the
“President may, at any time, eliminate the judicially designated United States Attorney”); see likewise
United States v. Hilario, 218 F. 3d 19, 27 (1st Cir. 2000) (same). Undoubtedly, the court’s consultation
power has actually been maintained just due to the fact that the Executive keeps the authority to supervise and remove the
officer.
Your statement also mistakenly indicates that your continued period in the workplace is needed to
ensure that cases now pending in the Southern District of New York are dealt with appropriately. This
is undoubtedly incorrect. I fully expect that the office will continue to manage all cases in the normal course
and pursuant to the Department’s appropriate standards, policies, and guidance. Going forward, if any
decisions or actions are taken that workplace managers conclude are incorrect interference with a case,
that info ought to be supplied immediately to Michael Horowitz, the Department of Justice’s
Inspector General, whom I am authorizing to evaluate any such claim. The Inspector General’s
President to eliminate you as of today, and he has done so. President. See United States v. Solomon, 216 F. Supp. United States v. Hilario, 218 F. 3d 19, 27 (1st Cir. Inspector General, whom I am authorizing to examine any such claim.
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