“Once I was certain that the investigations could proceed unimpeded under (the) assistant federal prosecutor, who would now be the interim federal prosecutor, Audrey Strauss, I walked away,” Berman told the committee. “This was never a fight about me or for myself or to maintain my position. My sole objective was to ensure that investigations were not hindered.”
Berman said he did not know why Barr was trying to remove him, but argued that Barr’s actions raised “serious concerns” and that they would have been detrimental to the office and could have resulted in the resignation of prosecutors under his command.
“I don’t know what the Attorney General’s motives were, but the irregular and inexplicable actions of the Attorney General raised serious concerns for me. Furthermore, the imposition of an acting United States attorney from outside the office, as I explained, would necessarily delay and interrupt ongoing investigations. “
Berman’s closed-door testimony comes before the House Judiciary Committee’s public hearing with Barr later this month. Democrats have charged that Berman’s firing is just the latest case in which Barr politicized the Justice Department by taking steps to benefit Trump. The Southern District of New York has investigated several associates of the rump, although Republicans noted that Barr did not raise any specific cases with Berman during their conversation last month when Barr asked Berman to resign.
Berman declined to answer numerous questions from both sides, including on specific cases or events beyond his firing last month.
Berman, as the court-appointed U.S. attorney, argued that Barr, and Trump, could not fire him, and spoke to outside attorneys after their initial conversation with Barr. Republican employees questioned that position, pressuring him on the opinion of the Justice Department’s Office of Legal Counsel and previous court cases, Berman argued that they had no binding authority over SDNY.
“It certainly is not a binding authority in the Southern District of New York. And I think those two cases that you cited were wrongly decided,” Berman said.
Berman said he was prepared to litigate the matter if Barr had tried to appoint an outside official to head the office.
“Did someone tell you that you had a high probability of success on the merits if you were to litigate?” asked Steve Castor, a Republican attorney on the committee.
“I liked my chances,” Berman replied.
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