He is challenging Barr’s authority to oust to him from his position, citing the fact that federal judges appointed him, not Trump. Under federal law, a U.S. Attorney appointed by a district court judges can serve “until the vacancy is filled.”
“I learned in a press release from the Attorney General tonight that I was ‘stepping down’ as United States Attorney,” said Berman. “I have not resigned, and have no intention of resigning, my position, to which I was appointed by the Judges of the United States District Court for the Southern District of New York. I will step down when a presidentially appointed nominee is confirmed by the Senate.”
“Until then, our investigations will move forward without delay or interruption,” he added. “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.”
Berman’s Office is currently investigating Trump’s personal lawyer Rudy Giuliani. The probe is focused on whether Giuliani violated federal laws on lobbying for foreign entities in connection with his dealings in Ukraine.
