Garland should prosecute Barr for obstruction justice and accessory after the fact
https://www.cnn.com/2020/07/02/politics/us-attorney-brooklyn-barr-ally/index.html
Justice Department considering replacing US attorney in Brooklyn with Barr ally
(CNN)The Justice Department is considering replacing the US attorney in Brooklyn with a senior department official close to Attorney General William Barr, officials briefed on the matter said.
On Thursday, Richard Donoghue, the US attorney for the Eastern District of New York, told his staff he'd be stepping down to move to Washington as the Justice Department's principal associate deputy attorney general, a powerful position that acts as a gatekeeper to investigations across the country, a spokesman for the office, John Marzulli, told CNN.
The most recent principal associate deputy attorney general, Seth DuCharme, is now being considered by department leadership for the top role in the Brooklyn office, where he had built his career as a prosecutor.
The job swap discussion comes as Barr has drawn outrage for his management of politically significant cases, which was heightened last month as he forced out the US attorney in Manhattan, Geoffrey Berman, after the two clashed over prosecutions sensitive to the White House. The changeover in the neighboring district of Brooklyn, however, involves two men who are said to be favorites of the attorney general and are set to remain in senior positions within the department.
The Brooklyn post wields significant influence by virtue of its jurisdiction and recently has investigated individuals close to President Donald Trump, including Tom Barrack, who chaired the President's inaugural committee. Barrack was interviewed last year and, according to his spokesman, was told prosecutors had no further questions for him. Barrack has not been accused of any wrongdoing.
In February, the Justice Department tapped Donoghue to supervise all agency investigations related to Ukraine in a move that gave Washington officials more oversight into an area of interest that had become a political minefield.
It's not clear if the authority over the Ukraine investigations will remain within the Brooklyn US attorney's office if Donoghue were to move out of the position.
A spokesman for the Justice Department declined to comment for this story.
Federal prosecutors in Manhattan have been investigating the actions of Rudy Giuliani, the president's personal lawyer, including his efforts to oust Marie Yovanovitch, then-US ambassador to Ukraine, and push for an investigation into Hunter Biden, the son of former Vice President Joe Biden, who had done business in the country. Berman's handling of the case and the way he kept Barr at arm's-length as it proceeded had fueled mistrust between the men ahead of his firing last month, CNN has reported.
Barr has said that the reason that Berman was removed was to make room for Jay Clayton, the chairman of the Securities and Exchange Commission, who had inquired about the job.
DuCharme served as a counselor to Barr for national security and criminal matters before being promoted to the senior position in the deputy attorney general's office last year. Before his time in Washington, DuCharme was a longtime career prosecutor in the Brooklyn office, where he later led the criminal division.
The mechanics behind the swap remain unclear and could be complicated by federal vacancies law, as evidenced by the chaotic transition last month at the Manhattan US attorney's office. Under office protocols, Donoghue's deputy, first assistant US attorney Mark Lesko, would succeed him.
Both Berman and Donoghue assumed their positions initially in an interim capacity after an appointment from the attorney general, and their roles were later made permanent by the federal judges in their district.
In Manhattan, Berman had initially refused to leave after Barr said publicly that he would be "stepping down" and named another senior prosecutor from outside the district to replace him temporarily. Berman was eventually fired by the President, but his role was filled in an acting capacity by his deputy, instead of Barr's handpicked successor.
https://www.nytimes.com/2020/07/02/...epartment-barr-berman-congress-testimony.html
U.S. Attorney Ousted by Barr Will Testify Privately Before Congress
The interview with Geoffrey S. Berman, the former top federal prosecutor in Manhattan, is part of Democrats’ inquiry into potential Justice Department politicization.
WASHINGTON — Geoffrey S. Berman, the former top federal prosecutor in Manhattan who was abruptly dismissed last month, has agreed to testify in a closed-door hearing before lawmakers next week as part of an inquiry into potential politicization at the Justice Department, according to a House Judiciary Committee notice reviewed by The New York Times.
Mr. Berman, who was fired after a brief but highly public standoff over his status with Attorney General William P. Barr, will meet privately on July 9 with members of the committee to discuss the circumstances surrounding his surprise ouster, according to two people familiar with the terms of his testimony.
Mr. Berman’s planned testimony comes amid a shake-up at the federal prosecutor’s office in Brooklyn. Richard P. Donoghue, the office’s top prosecutor, will come to Washington to serve as the No. 2 official in the office of the deputy attorney general, Jeffrey A. Rosen, a key department post. Mr. Donoghue is seen within the department as a close ally of Mr. Barr.
The position is currently held by Seth DuCharme, who plans to return to the Brooklyn prosecutor’s office, where he was previously the head of the criminal division. He is being considered to run the office, according to two people familiar with the deliberations.
The moves, coming weeks after Mr. Berman’s firing, are likely to stir speculation that they are politically motivated. But President Trump has yet to nominate a successor to Mr. Donoghue, who expects his top deputy, Mark Lesko, to serve as the acting U.S. attorney immediately after his departure. Mr. Trump could install Mr. DuCharme to run the office under the Vacancies Reform Act.
Under Mr. Berman, the Manhattan federal prosecutor’s office pursued cases that touched on Mr. Trump’s inner circle, exposing misdeeds by his former personal lawyer Michael D. Cohen.
From nearly the moment that Mr. Barr took office last year, he clashed with Mr. Berman’s office about politically sensitive investigations, including the decision to charge Mr. Cohen with campaign finance offenses and how prosecutors in Manhattan should investigate Halkbank, a Turkish state-owned bank that they indicted last year, according to multiple people familiar with those investigations who were not authorized to publicly discuss the deliberations.
The end of Mr. Berman’s tenure appeared to be hastened after Jay Clayton, the chairman of the Securities and Exchange Commission, told Mr. Trump and Mr. Barr weeks ago that he would be interested in running the Southern District. Mr. Barr decided to install a lawyer with whom he had a better working relationship, the attorney general said in an interview with NPR.
But Mr. Berman refused to resign, and Mr. Barr issued a news release late on a Friday night last month declaring that Mr. Berman intended to leave. That notice prompted Mr. Berman to publicly say that he had no intention of leaving.
In the end, because of legal issues surrounding Mr. Berman’s appointment, Mr. Barr was forced to ask Mr. Trump to fire him. He also backed away from his plan for temporary succession and installed Mr. Berman’s deputy, Audrey Strauss, to run the office for now.
Mr. Berman’s dismissal also came at a time when Mr. Trump had been pushing out other administration officials with a degree of independence, including inspectors general who are tasked with rooting out agency fraud and abuse.
On Thursday, Mr. Donoghue, the U.S. attorney in the Eastern District of New York, notified his office that he would be stepping down to become an official with the Justice Department in Washington, according to people familiar with the matter.
The post he will assume — principal associate deputy attorney general, working under Mr. Rosen — is considered extremely influential, as Mr. Rosen’s office oversees the nation’s federal prosecutors’ offices. A previous official in the role, Edward O’Callaghan, was best known for overseeing the day-to-day of the Russia investigation.
The job is particularly critical under Mr. Rosen, who has never been a prosecutor.
Mr. DuCharme, who is Mr. Rosen’s current top deputy, will return to the Brooklyn office, where he had worked for his entire career as a prosecutor before he came to Washington last year to advise Mr. Barr on criminal and national security matters.
Mr. Berman will testify just a week after two Justice Department lawyers told the House Judiciary Committee that political appointees in the prosecutor’s office in Washington and in the antitrust division had intervened in investigations to advance the personal interests of Mr. Trump and Mr. Barr.
Aaron S.J. Zelinsky, a prosecutor who worked on the investigation into Roger J. Stone Jr., Mr. Trump’s longtime friend, told the committee that senior officials in the Washington U.S. attorney’s office demanded a more lenient prison sentence for Mr. Stone “because of politics.”
He named several career lawyers who told him that the lenient sentence would be done essentially to appease Mr. Trump, and that the office’s top political appointee feared the president.
A Justice Department spokeswoman has said that Mr. Zelinsky’s testimony was based on hearsay, and that he had no conversations with the political appointees whose intentions he described.
John W. Elias, a senior career official in the antitrust division, said that Mr. Barr sought to use an antitrust investigation to harass cannabis companies because he personally disliked the industry. He also said that to please Mr. Trump, the division opened an investigation into automakers who had decided to make cars that emitted fewer pollutants.
Leaders in the antitrust division denied those accusations in an internal memo circulated to the division.
Their testimony and Mr. Berman’s interview are part of the House Judiciary Committee’s scrutiny of whether Mr. Barr has politicized the Justice Department and wielded its power to protect and support the interests of Mr. Trump.
Mr. Barr will appear before the panel on July 28.
View attachment 233992
By KYLE CHENEY
07/09/2020 01:17 PM EDT
Updated: 07/09/2020 05:38 PM EDT
Attorney General William Barr persistently pressured Manhattan's former top federal prosecutor to resign during a June 18 meeting at a New York hotel and in a subsequent phone call, the ousted prosecutor, Geoffrey Berman told lawmakers Thursday, detailing for the first time the series of events that led to his removal the next day.
Berman, in a written statement to the House Judiciary Committee, said Barr repeatedly attempted to coax Berman into resigning his post by suggesting he consider other positions in government, including the chairmanship of the Securities and Exchange Commission or the head of the Justice Department's Civil Division.
"I said that there was no job offer that would entice me to resign from my position," Berman told lawmakers in his opening statement, obtained by POLITICO.
Berman’s testimony raised a suggestion from Rep. Jerry Nadler (D-N.Y.), chairman of the Judiciary Committee, that Barr's offer of a different position in exchange for stepping down could amount to criminal activity.
"What we don't know yet is if the attorney general's conduct is criminal. But that kind of quid pro quo is awfully close to bribery," Nadler said after exiting the interview with Berman.
Nadler said Berman would not discuss specific cases his office was leading but said his removal would inevitably lead to "delay and disruption" in the office's work.
The ousted prosecutor told lawmakers that Barr, later on June 18, issued a statement announcing Berman's resignation anyway, which triggered Berman to publicly respond that he had done no such thing. The extraordinary exchange culminated the following day, when Barr agreed to name Berman's deputy as his successor and President Donald Trump ordered Berman's firing.
Berman told lawmakers he had consulted with private attorneys and was prepared to contest his removal until Barr had agreed to elevate Berman's deputy, Audrey Strauss, rather than insert an attorney from outside the office to replace him.
The events have raised alarms on Capitol Hill that Trump was seeking to assert control over the office of a prosecutor handling cases connected to Trump himself and his close associates. Berman's testimony to the House Judiciary Committee could reveal more details about the work he's been pursuing, though he emphasized that he is constrained in what he can say due to the office's ongoing work.
Berman described in great detail his interactions with Barr, noting that they met at 12:10 p.m. on June 18 in the Pierre Hotel in New York City. "There were sandwiches on the table, but nobody ate," Berman recalled.
"The Attorney General began the meeting by saying that he wanted to make a change in the Southern District of New York," Berman continued, adding, "I asked the Attorney General why I was being asked to resign prior to a nominee being confirmed. He said it was because the Administration wanted to get [SEC Chairman] Jay Clayton into that position."
Clayton, who hasn't served as a prosecutor, sidestepped lawmakers' questions last week about why he sought to lead the Manhattan-based federal prosecutor's officeduring a subcommittee of the House Financial Services Committee hearing.And Berman said Barr never explained why he wanted Berman to resign before a permanent, Senate-confirmed successor was ready to lead the office.
Berman was initially tapped by Trump to lead the Southern District of New York prosecutor's office in January 2018, but as the temporary appointment neared its expiration, the federal district court employed a seldom-used law to permanently appoint Berman to the post until a successor was confirmed by the Senate.
Barr is slated to testify to the Judiciary Committee on July 28, the culmination of a 14-month effort to bring the attorney general before the Democrat-controlled panel.
The Justice Department did not respond to a request for comment on Berman’s testimony and Nadler’s suggestions.
Berman said he consistently pushed back on Barr's suggestion that he accept another position in government.
"The Attorney General pressed me to take the Civil Division position, saying that the role would be a good resume builder. He said that I should want to create a book of business once I returned to the private sector, which that role would help achieve," Berman said. "He also stated that I would just have to sit there for five months and see who won the election before deciding what came next for me."
"I told the Attorney General that there were important investigations in the Office that I wanted to see through to completion," he continued. “I also said that I wanted to help lead the Office through the COVID crisis and get the Office back to normal functioning."
shocking revelations:
https://www.businessinsider.com/tru...0-6?utm_source=feedly&utm_medium=referral
The Trump administration is trying to oust the Manhattan US Attorney. The office is conducting investigations into Trump associates and interests.
In a surprising Friday night standoff, US Attorney General William Barr is at odds with US Attorney of the Southern District of New York Geoffrey Berman.
- US Attorney General Barr announced in a late-night statement that the US Attorney for the Southern District of New York Geoffrey Berman was resigning.
- Shortly after the announcement, Berman released his own statement saying he had not resigned and had "no intention" of stepping down.
- "Until then, our investigations will move forward without delay or interruption," Berman said. "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 SDNY is conducting or has conducted multiple investigations into Trump associates and other interests linked to the president.
Barr announced in a late-night statement that Berman was resigning and that President Donald Trump intended to appoint Jay Clayton, chairman of the Securities and Exchange Commission, in his place. In the interim, beginning on July 3, US Attorney for the District of New Jersey Craig Carpenito would fill in.
Shortly after the announcement, Berman released his own statement saying he had not resigned and had "no intention" of stepping down, calling into question whether or not Barr has the authority to fire him or if that rests with the president.
"I will step down when a presidentially appointed nominee is confirmed by the Senate," Berman 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."
Among other cases, the SDNY is conducting or has conducted multiple investigations into Trump associates and other interests linked to the president. Here they are:
Barr's statement and Berman's retort raised eyebrows, especially among Democrats. The House Judiciary Committee invited Berman to testify next week, and Senate Minority Leader Chuck Schumer of New York 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?"
- Rudy Giuliani, Trump's personal lawyer, is being investigated over his business dealings in Ukraine and whether he failed to register as a foreign agent.
- The SDNY charged two of Giuliani's associates, Lev Parnas and Igor Fruman, who helped him with matters in Ukraine, with campaign finance violations.
- It was reported last year that the Manhattan US attorney's office was among several federal entities investigating Deutsche Bank, which has long-running business ties to the Trump family and Trump Organization.
- Berman's office successfully prosecuted Michael Cohen, Trump's longtime former lawyer, who implicated Trump ("Individual-1") in several crimes including campaign finance violations and tax fraud.
- The Manhattan US attorney's office subpoenaed Trump's inaugural committee as part of an investigation into potential criminal conduct including accepting illegal foreign contributions at inaugural events.
- The SDNY charged then-Republican Rep. Chris Collins, a staunch Trump supporter, with insider trading in late 2018. Collins has since resigned.
- The SDNY prosecuted the Turkish state-owned bank Halkbank. Turkey spent millions of dollars lobbying the White House, Congress, and the State Department to ask the Justice Department not to investigate the bank.
- Former national security adviser John Bolton claimed in his upcoming book that Trump assured Turkish President Recep Tayyip Erdogan that he would intervene to stop the SDNY's Halkbank investigation.
- CNN also reported in February that Barr "personally spearheaded" an effort last year to shield Halkbank from prosecution and negotiate a settlement with the bank that would have allowed it to avoid being indicted. The SDNY ultimately charged Halkbank in federal court for its alleged participation in a multi-billion dollar Iranian effort to sidestep sanctions.
Barr in his press release thanked Berman: "With tenacity and savvy, Geoff has done an excellent job leading one of our nation's most significant U.S. Attorney's Offices, achieving many successes on consequential civil and criminal matters."
Garland should prosecute Barr for obstruction of justice and accessory after the fact


taxes at work. Can't a billionaire afford his own sexual assault defense?
https://www.cnn.com/2020/09/08/politics/e-jean-carroll-trump-lawsuit/index.html
Justice Department wants to defend Trump in E. Jean Carroll defamation lawsuit
(CNN)The US Justice Department, in an extraordinary move on Tuesday, asked to take over the defense of President Donald Trump in a defamation lawsuit filed against him by E. Jean Carroll, a woman who has accused Trump of sexual assault.
While the alleged sexual assault occurred long before Trump became President, the Justice Department argued that it must take over because Trump's comments spurring the defamation lawsuit came while he was in office. The move -- defending Trump at taxpayer expense -- comes amid ongoing criticism that the Justice Department has acted in the President's personal interests.
Carroll, an advice columnist who for years wrote for Elle Magazine, alleged in a lawsuit filed last fall that Trump sexually assaulted her in a dressing room at luxury Manhattan department store Bergdorf Goodman in the 1990s. Trump has denied the allegation, calling it "totally false" and saying he "never met this person in my life."
https://www.nytimes.com/2020/09/08/nyregion/donald-trump-jean-carroll-lawsuit-rape.html
Citing a law called the Federal Tort Claims Act, the department lawyers asserted the right to take the case from Mr. Trump’s private lawyers and move the matter from state court to federal court. The law gives employees of the federal government immunity from lawsuits, though legal experts said that it has rarely, if ever, been used before to protect a president.
Ms. Carroll’s lawyer said in a statement issued Tuesday evening that the Justice Department’s move to intervene in the case was a “shocking” attempt to bring the resources of the United States government to bear on a private legal matter.
“Trump’s effort to wield the power of the U.S. government to evade responsibility for his private misconduct is without precedent,” the lawyer, Roberta A. Kaplan, said in the statement, “and shows even more starkly how far he is willing to go to prevent the truth from coming out.”
https://www.politico.com/news/2020/10/27/federal-judge-trump-jean-carroll-defamation-432736
Federal judge rebuffs Justice Department's bid to aid Trump in defamation case
The ruling deals a temporary setback to the president's legal efforts.
A federal judge has dealt a setback to the Justice Department’s attempt to take over President Donald Trump’s defense in a defamation suit brought by a New York writer who accused him of raping her more than two decades ago.
U.S. District Court Judge Lewis Kaplan rejected the government’s motion to essentially step into Trump’s shoes as the defendant in the suit, brought by E. Jean Carroll. The move, if successful, would almost certainly have scuttled the litigation.