When Karma Strikes: The Facts And Law Of Berman’s Humiliation of Attorney General Barr.

“(d) If an appointment expires under subsection (c)(2), the district court for such district may appoint a United States attorney to serve until the vacancy is filled.”

That’s what happened with Berman. As the 120 days expired, the judges for the Southern District of New York unanimously appointed him until such time as the vacancy is filled by a person confirmed by the Senate. Berman is perfectly within his rights to stay in his job until the vacancy is filled by a person confirmed by the Senate. Barr and Trump may not like it, but that’s the law.

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Keith

Keith

Retired lawyer & Army vet in The Villages of Florida. Lifelong: Republican (pre-Trump), Constitution buff, science nerd & dog lover. Twitter: @KeithDB80