In a late-night press release announcing Berman’s departure, the Justice Department said Trump intends to nominate Jay Clayton, chairman of the Securities and Exchange Commission, who has never been a public prosecutor.
A Justice Department official told CNN that Berman had been offered other positions in justice, including the head of the civil department, as Assistant Attorney General Judy Hunt suddenly announced his departure this week. Berman refused.
Another source familiar with the matter said that Berman asked him to resign and refused.
Tensions have escalated between the New York and Washington offices with Berman and Bar refusing to deal with some cases, including accusing the Turkish bank Halkbank.
Last fall, Justice Department officials discussed Berman’s replacement with Ed Ocalagan, a senior official, but prosecutors then accused Giuliani’s colleagues, a move that seemed to extend Berman’s term.
The timing of the move was announced shortly before 10:00 pm. ET, immediately raised questions about the circumstances related to Berman’s departure. According to the Justice Department, Barr was in New York on Friday. It is not clear whether he met Berman, and the Justice Department refused to say whether Berman had been asked to resign.
Before Clayton was nominated for the position of SEC by Trump, he was a corporate lawyer at Sullivan & Cromwell. If confirmed, Clayton would be the first non-claimant to drive to SDNY.
The justice official said Bar and Clayton had known each other for years, and Clayton was planning to leave to return to New York. The justice official said he had expressed interest in the SDNY job and agreed to Barr.
Barr said that Trump had appointed Craig Carpineto, who is currently the US attorney for the New Jersey area, to serve as the United States Attorney’s Attorney for the Southern District of New York until Clayton was confirmed. Carpentio will start the round on July 3.
This story is broken and will be updated.
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