KEY POINTS

  • Berman was never confirmed by the Senate and instead was appointed by the judges of the New York federal court
  • Berman worked as a volunteer on Trump's transition team
  • He has been conducting investigations into people close to Trump

(Correction: Fixing names of New York's U.S. senators)

Manhattan U.S. Attorney Geoffrey Berman reportedly was fired because he refused to sign a Justice Department letter critical of New York Mayor Bill de Blasio’s social distancing rules, which accused him of applying them to religious gatherings, but not racial justice protests.

The Wall Street Journal reported Monday Attorney General William Barr fired Berman after he objected to the letter, especially a section accusing de Blasio of applying a double standard. Berman reportedly characterized the letter as a political stunt.

The Journal, quoting sources familiar with the incident, said the letter was signed by Eric Dreiband, head of Justice’s civil rights division.

Though Barr and Berman didn’t interact directly over the letter, the Journal said, Barr already viewed Berman negatively and difficult to work with.

The situation came to a head Friday night, with Barr tweeting Securities and Exchange Commission Chairman Jay Clayton would take over the U.S. attorney job and Berman saying he would not step down until his successor was confirmed. Berman reversed course late Saturday and resigned.

Clayton has never worked as a prosecutor.

The standoff, however, caused Barr to replace Berman with Deputy U.S. Attorney Audrey Strauss, who has overseen Trump-related investigations, as interim U.S. attorney rather than Craig Carpenito, the current U.S. attorney for New Jersey.

“In light of Attorney General Barr’s decision to respect the normal operation of law and have Deputy U.S. Attorney Audrey Strauss become acting U.S. attorney, I will be leaving the U.S. Attorney’s Office for the Southern District of New York, effective immediately,” Berman said in a statement.

Barr sent a letter to Berman, saying he was disappointed in his attitude.

"Because you have declared that you have no intention of resigning, I have asked the president to remove you as of today, and he has done so,” Barr wrote.

NBC News quoted a senior administration official as saying Barr wanted to create a smooth transition but Berman refused to go along and instead made a “public spectacle,” prompting Barr to seek the president’s intervention. There was no word on where the decision to replace Berman originated.

Berman, a volunteer on the Trump transition team, was never confirmed to his job by the Senate. Instead he was installed by the judges of the New York federal court.

He has proved a thorn in the side of the Trump administration by investigating people close to the president, including former fixer Michael Cohen and current Trump attorney Rudy Giuliani – who once held Berman’s job. There also is an investigation into Deutsche Bank, one of Trump’s critical financial backers. It was unclear, however, whether the investigations played a role in Berman’s dismissal.

Senate Judiciary Committee Chairman Lindsey Graham said he would not move forward with Clayton’s nomination without the consent of the states two senators – Chuck Schumer and Kirsten Gillibrand, both Democrats.

House Judiciary Committee Chairman Jerrold Nadler, D-N.Y., said he would investigate Berman’s dismissal.

"The whole thing smacks of corruption and incompetence, which is what we have come to expect from this president and his attorney general," Nadler said in a statement.

Trump fired Berman’s predecessor, Preet Bharara, after he refused to resign.

Powerful New York Southern District attorney Geoffrey Berman, who prosecuted Trump's former lawyer, has been sacked
Powerful New York Southern District attorney Geoffrey Berman, who prosecuted Trump's former lawyer, has been sacked AFP / Johannes EISELE