Preet Bharara's clever move

[babylonsister]

http://www.cnn.com/2017/03/12/opinions/bharara-clever-move-cevallos/index.html

Preet Bharara's clever move
By Danny Cevallos, CNN Legal Analyst

Updated 2:44 PM ET, Sun March 12, 2017


Danny Cevallos: Trump may have done more harm to his presidency by firing Preet Bharara
It doesn't hurt the US attorney's impressive reputation, says Cevallos; instead it points suspicion toward the administration

snip//

But a US attorney being fired instead of resigning? That's a big difference. It's also very rare. Sometimes there's a good reason to fire a US attorney. Like if he leaks information about an undercover investigation ... to the person being investigated.

In the late 2000s, there was a huge controversy when the George W. Bush administration summarily dismissed eight US attorneys, with no allegations of serious misconduct.
In the politically-charged aftermath, Attorney General Alberto Gonzales resigned, and this remains a rare instance of a mass dismissal of US attorneys by a President, without any concrete grounds.
So a firing like Bharara's is unusual.

Bharara is a superstar among US attorneys, and the man who "struck fear into Wall Street and Albany."
However, Bharara's firing might not have been an act of disrespect by the Trump administration. Rather, it might have been an act of defiance—or more appropriately—civil disobedience by Bharara, who refused the request by Sessions for him to resign.

It's a clever chess move by Bharara: force the firing, make the administration look like the tyrants. It's not like it hurts Bharara; this is one legal luminary whose job prospects will not be harmed by being "fired" from his last job. As CNN Legal Analyst Paul Callan observed, former US attorneys from this district have even ascended to the New York City mayor's office after their tenure.

The problem is this: because of the massive power US attorneys have over every aspect of our lives, these forced resignations are particularly suspect if they appear motivated by improper political purposes.
On one hand, demanding mass resignations is part of the change in administration. US attorneys know this when they accept the job, which they obtain through the sponsorship of powerful politicians -- in Bharara's case, Sen. Charles Schumer. If forced to resign, most of them will head off to tony white-shoe law firms or don the robe as federal judges.

On the other hand, sacking US attorneys can look really fishy too. US attorneys need to be impartial. Knowing that their job security is dependent upon the prevailing political winds could affect their judgment.
A prime example is if a US attorney needs to investigate the very administration that appointed him, or the Justice Department that supervises him. What would any of us do if we were faced with two options: investigate and prosecute a foreign terrorist organization ...or our own boss at the Justice Department? The terrorist isn't going to give me a pink slip or ruin my career advancement opportunities.

The role of the US attorneys is to "watch" the "watchmen" in the other branches, including their own executive branch. But our system does allow for a powerful, unacknowledged presidential "veto,": firing US attorneys until the only ones on the job evince an "independent" judgment that just happens to be identical to that of the President.

[marybourg]

1. Maybe even the charismatic young "rock star"

some DU'ers have been seeking?

[delisen]

24. He will have his groupies. nt

[Thinkingabout]

2. Trump will destroy all who does not bow at his feet.

Those around him are just as destructive

[CK_John]

3. IMO, Bharara needs to get lost some place way out west and become an ambulance chaser.

[SunSeeker]

5. Why? Personal injury work is not his area of expertise.

I hope he gets hired by the NY or CA state attorney general.


What do you have against Bharara?

[CK_John]

12. He can't trust the Witness Protection Program. nt

[SunSeeker]

18. He's not a witness, he's a prosecutor.

He has put away a lot of very dangerous people over the years. I am sure he accepted the risks that go with the job.

Squirreling him away somewhere would be a waste of a great legal talent. He would never do that anyway.

[rzemanfl]

6. I hope you said that out of concern for his personal safety. n/t

[druidity33]

39. He should run for Senator instead. nt.

[mtngirl47]

56. We have 2 Democratic Senators from NY--Schumer & Gillibrand nt

[BlancheSplanchnik]

42. Huh? A statement like that implies you have knowledge that we don't.

Please, if you've got important info, don't be coy about it.

[IronLionZion]

44. In a sea of fish and sharks, Preet Bharara is a killer whale

he's an apex predator and doesn't need to hide from anyone. Trump should be afraid but is too stupid to realize the threat of having too many powerful enemies.

[Alice11111]

4. I was hoping he would force DT to fire him. Wow!

He had prosecuted some Russian spies. Saw it on MSNBC ticker this AM amd a couple of other mentions. The problem is DT does so much so fast, it is exhausting for the press and anyone to keep up. He has that sociopathic energy. He doesn't put a lot of thought and research into it. He just knocks one story off with another, often more than one. Months ago, it was him and his tweeter, and he was still lethal, but now he has the Fed govt, AG, Congress and Repub party helping him, or at least supporting him.

I think there were grounds to fire Alberto Gonzales. Now, he is at Texas Tech Univ in Lubbock Texas. (Bobby Knight went there after he had a scandal, since left. It's like Dancing with the Stars, they look for the famous outcasts.)
(Ken Starr wound up in Waco, Texas, Baylor, and he is still embroiled in scandal, covering up rapes by athletes.)

[Lars39]

8. Gonzales is now at Belmont College in Nashville TN

[Alice11111]

10. Thanks for the update

[Lars39]

14. You're welcome!

Hard to keep track of these slimy gits sometimes.

[annabanana]

33. should be in the Hague.. torture apologist. . .I can't tell you

how pissed I got when some talkinghead trotted him out for an opinion on something.

[czarjak]

11. Al left for greener pastures several years ago to Belmont University...

Although his former fellow Bush lackey Jodey Arrington is now our Congressman. Also a TTU alum and employee. Knows where the trough is, trust me.

[warmfeet]

7. He did this for a specific reason.

Let us hope we get the chance to know why. I have my suspicions.

[Alice11111]

17. The obvious reason is good enough, but do tell...

[BumRushDaShow]

16. The difference when Shrub did it was

due to the timing. Most incoming Presidents request some x amount of appointees from a previous administration (of a different party) to submit resignations... and this usually happens early in the new admin's term. In the case of Shrub & Gonzo, the "firing" (I think of 9 US Attorneys) happened mid-term (not part of a transition) and was pretty much associated with political interference and retribution (which is why Gonzo eventually resigned). Clinton and Obama (and in this case with Drumpf) - were all done during general "transition" period.

Edit to add that it looks like the poster I was responding to was nuked.

[PoliticAverse]

27. There's actually a Wikipedia page devoted to the Bush firing issue...

https://en.wikipedia.org/wiki/Dismissal_of_U.S._attorneys_controversy

[lindysalsagal]

13. Preet has been involved in fRump tower badguys before.

I'm assuming he's got stuff on fRump, and fRump felt safer firing him. Won't work. Insecure fools are never safe.

[Alice11111]

19. NYT said several Congressional leaders and groups

had asked him to investigate Trump Tower and things within his jurisdiction. Evidently, he had put away a few Russians too. My guess is DT was calling him to feel him out, since they had already told him he would stay. If he had soothed the Orange One's ego, and assured him he wouldn't be following up on those requests to investigate (groveled and pledged), DT would not have fired him. However, since instead he did not return DTs call, the signals each was sending to the other were clear.

[Samantha]

31. "Investigate Trump Tower" -- wow

If he had stayed in his job, he might have been the person to look into Trump's allegation Obama tapped him during the campaign. And he would have been very effective in that endeavor. I wonder if that is why Trump wanted him to go....

I just read his bio, and to say he is extremely impressive is a great understatement.

Sam

[Ohioblue22]

15. hope springs.....

[Cha]

20. lol@Dumbest take of the day. Go home, everyone. We have a "winner".

Link to tweet

Link to tweet

[Bernardo de La Paz]

22. Indeed. It is a badge of honor to be fired by tRump. . . . . nt

[IronLionZion]

35. LOL!!!

I'd be more concerned about people who didn't get fired by Trump. Only the most corrupt cronies get to stay.

[Cha]

58. Really!

[Bernardo de La Paz]

21. Excellent analysis. Thanks for posting. . . . nt

[Bear Creek]

23. Another piece

Bharara, who is known for investigating officials regardless of political party, prosecuted three Russian nationals for acting as spies in 2015. I seen another article earlier today where Russia wants those cases overturned.

[The Wizard]

25. More proof that Trump

is a threat to the nation's security and safety. His judgement is skewed from a life of privilege. He had no idea he walked into trap. While Trump is playing bean bag, his betters play chess.

[The Velveteen Ocelot]

26. I get the impression that Bharara is not a man to be messed with.

Kind of an Obi-Wan Kenobi: "You can't win, Trump. If you strike me down, I shall become more powerful than you can possibly imagine." I would not be at all surprised to see him run for office. Senator Bharara could be a force to be reckoned with.

[Liberty Belle]

30. He should be appointed the special prosecutor.

[NBachers]

32. Wow- Wouldn't that be something?

[FakeNoose]

45. I agree - but it will never happen

[PoliticAverse]

28. Indeed although in general it is better to quit than be fired there are exceptions to that rule...

and this would appear to be one.

[Lucinda]

29. KNR Thank you!

[7962]

34. I'd have a bigger problem with it if Preet had actually gone after a few big bankers.

Instead of letting them walk freely

[IronLionZion]

36. Preet has prosecuted close to 100 Wall St. Bankers

for insider trading, securities fraud, and other types of corruption. He has forced historic fines on the 4 largest banks and shut down massive hedge funds.

One of the best appointments President Obama has made. He would be on the short list for a future Dem president's Attorney General.

Of course we all wish he had gotten more of them, but who has done more?

[7962]

43. Oh yes, you're right, he's gone after many on Wall St, but I meant the BIG guys.

The ones who organized what would become the disaster of 08, like the ones running Lehman Bros.
I do give him credit for all the good work he's done. And as you say, who has done more? Probably no one.
I just wish we could have seen a few top guns go down.

[spanone]

37. K&R...

[Gothmog]

38. I hope that Baharara has something on trump

[dchill]

40. K&R.

[meow2u3]

41. I have a sneaky feeling the Friday Night Massacre will backfire on Cheez Doo-doo

Bharara will likely end up smelling like a rose, especially that he prosecuted banksters and may well have the goods on Tramp.

[NewJeffCT]

46. Isn't it standard practice for each administration to fire the US attorneys

from the previous administration? Or, am I missing something?

[yardwork]

47. No, it's not standard practice to fire them. That's what the article says.

[NewJeffCT]

48. it's standard practice to ask them to resign

when a new administration starts. And, it's standard practice for them to resign.

[yardwork]

49. Well, not exactly. Trump handled this differently than past administrations.

It's not standard to give them one days notice to resign. Not at all.

[NewJeffCT]

50. No, it's not

there is a new train wreck every day at 1600 Pennsylvania Avenue

[bettyellen]

52. Usually they stay till however long it takes to replace them so they can transition the

New person. Honestly I would t be surprised if they were trashing his office right now - and blaming him for it.

[NewJeffCT]

55. I wouldn't be surprised, either

seems a very Trumpian thing to do.

[Bayard]

51. Hope he doesn't have a heart attack

There's a lot of that going around....

http://www.democraticunderground.com/10028789751

[bettyellen]

53. He Tweeted alluding this was a shut down- and Sessions responded via tweet too!

Link to tweet

[bettyellen]

54. Sessions' Tweeted back:

Link to tweet

[Alice11111]

57. What an unprofessional AH