On Saturday, in a lengthy Twitter thread, former U.S. Attorney and Deputy Assistant Attorney General Harry Litman laid out the legal consequences if President Donald Trump tries to fire SDNY attorney Geoffrey Berman — and why Berman would have a "strong argument" to fight the firing in court if he tried.
Thread: here's where I think we are. It's pretty exquisite. Berman is court appointed and under 28 USC §546 his… https://t.co/Xk4tQdat8I— Harry Litman (@Harry Litman) 1592661778.0
OLC opinion from 1979 says under 546 the AG can't fire someone -- i.e can't trump so to speak the court's choice --… https://t.co/4owvDfd8h8— Harry Litman (@Harry Litman) 1592661779.0
So for starters, needs to be Trump who issues the order. Can't imagine why he wouldn't. Barr will threaten to res… https://t.co/AXEwO4RBw7— Harry Litman (@Harry Litman) 1592661779.0
Assuming Trump does order, Berman will proffer 546. DOJ's argument on behalf of Trump I think has to be 546 is unc… https://t.co/i0U7BjnGUt— Harry Litman (@Harry Litman) 1592661779.0
But we're back in the setting in which the law may be less important than the practical question of how long the co… https://t.co/xkm3PToUAz— Harry Litman (@Harry Litman) 1592661779.0
Expect rushes to courthouses -- DC and SDNY -- and all manner of dueling orders, marshals etc. But the pivotal poi… https://t.co/x243wvFfCP— Harry Litman (@Harry Litman) 1592661779.0
Take Berman out while the case is pending. And now a factor has to be the DOJ's and Trump's massive bad faith over… https://t.co/WF3cnPPP64— Harry Litman (@Harry Litman) 1592661779.0
not oust Berman while they consider the legal actions. That likely translates into more than enough time -- maybe… https://t.co/KI3m52ARlc— Harry Litman (@Harry Litman) 1592661780.0
also possible Berman can move for discovery. he'll have some account of the discussion he had with Barr in NY yest… https://t.co/pthTE3XINU— Harry Litman (@Harry Litman) 1592661780.0
but in practice if Berman can hold on while court decides the constitutional claim, Trump loses. END— Harry Litman (@Harry Litman) 1592661780.0
