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Defiant U.S. prosecutor fired by Trump administration

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http://www.reuters.com/article/us-usa-trump-justice-idUSKBN16I0PZ

A prominent U.S. prosecutor said the Trump administration fired him on Saturday after he refused to step down, adding a discordant note to what is normally a routine changing of top attorneys when a new president takes office.

New York U.S. Attorney Preet Bharara's defiant exit, first announced on Twitter, raised questions about President Donald Trump's ability to fill top jobs throughout his government.

Trump has yet to put forward any candidates to serve as the nation's 93 district attorneys even as his Justice Department asked the 46 who have not yet quit to hand in their resignations on Friday. Key positions at agencies like the State Department and the Defense Department also remain unfilled.

As the federal prosecutor for Manhattan and surrounding areas since 2009, Bharara secured insider-trading settlements from Wall Street firms and won criminal convictions in high-profile corruption and terrorism cases.

He told reporters in November that Trump had asked him to stay in his post, and he refused to resign when asked to do so by the Justice Department on Friday. He said he was fired on Saturday afternoon.

"Serving my country as U.S. Attorney here for the past seven years will forever be the greatest honor of my professional life, no matter what else I do or how long I live," Bharara said in a press statement.

The Justice Department confirmed that Bharara was no longer serving in the position and declined further comment.

Like all U.S. attorneys, Bharara is a political appointee who can be replaced when a new president takes office. Previous presidents have often asked outgoing U.S. attorneys to stay on the job until their replacements win confirmation in the U.S. Senate.

The Washington Post, citing two people close to Trump, said the president's adviser Stephen Bannon and Attorney General Jeff Sessions wanted a clean slate of federal prosecutors to assert the administration's power.

But the decision to replace so many sitting attorneys at once has raised questions about whether the Trump administration's ability to enforce the nation's laws would be hindered.

"President Trump's abrupt and unexplained decision to summarily remove over 40 U.S. attorneys has once again caused chaos in the federal government," New York Attorney General Eric Schneiderman, a Democrat, said.

Senator Patrick Leahy, a Democrat on the Senate Judiciary Committee, said the firings showed "the independence of the Justice Department is at risk under this administration" and that lawmakers had to carefully evaluate Trump's replacements.

Career attorneys will carry on that work until new U.S. attorneys are put in place, the Justice Department said.

Bharara said his deputy, Joon Kim, will serve as his temporary replacement.

Marc Mukasey, a defense lawyer whose father served as attorney general under Republican President George W. Bush, has been mentioned as a possible replacement. He did not respond to a request for comment.



HIGH-PROFILE OFFICE

Bharara's office handles some of the most critical business and criminal cases passing through the federal judicial system. He has been overseeing a probe into New York City Mayor Bill de Blasio's fundraising.

Bharara has successfully prosecuted state and local politicians for corruption, including former New York Assembly Speaker Sheldon Silver. He won a lifetime sentence against the Times Square bomber, Faisal Shahzad, and a 25-year sentence for international arms dealer Viktor Bout.

He won a $1.8 billion insider-trading settlement against SAC Capital Advisors, the largest in history, which forced the hedge fund to shut down, and he forced JPMorgan Chase to pay $1.7 billion to settle charges related to its role in the Bernie Madoff Ponzi scheme.

"His firing so early in President Trump's tenure is somewhat unexpected, but if you had asked me a few months ago whether I expected Preet to still be in that job in March I would have said no," said Matthew Schwartz, a former prosecutor under Bharara.

Trump has asked two U.S. prosecutors to remain on the job, according to the Justice Department.

U.S. Attorney Rod Rosenstein of Maryland has been asked to stay on as the Senate considers his nomination to serve as the No. 2 Justice Department official, and U.S. Attorney Dana Boente of Virginia, who is temporarily serving in that position, has also been asked to remain.
 
http://www.reuters.com/article/us-usa-trump-justice-idUSKBN16I0PZ

A prominent U.S. prosecutor said the Trump administration fired him on Saturday after he refused to step down, adding a discordant note to what is normally a routine changing of top attorneys when a new president takes office.

New York U.S. Attorney Preet Bharara's defiant exit, first announced on Twitter, raised questions about President Donald Trump's ability to fill top jobs throughout his government.

Trump has yet to put forward any candidates to serve as the nation's 93 district attorneys even as his Justice Department asked the 46 who have not yet quit to hand in their resignations on Friday. Key positions at agencies like the State Department and the Defense Department also remain unfilled.

As the federal prosecutor for Manhattan and surrounding areas since 2009, Bharara secured insider-trading settlements from Wall Street firms and won criminal convictions in high-profile corruption and terrorism cases.

He told reporters in November that Trump had asked him to stay in his post, and he refused to resign when asked to do so by the Justice Department on Friday. He said he was fired on Saturday afternoon.

"Serving my country as U.S. Attorney here for the past seven years will forever be the greatest honor of my professional life, no matter what else I do or how long I live," Bharara said in a press statement.

The Justice Department confirmed that Bharara was no longer serving in the position and declined further comment.

Like all U.S. attorneys, Bharara is a political appointee who can be replaced when a new president takes office. Previous presidents have often asked outgoing U.S. attorneys to stay on the job until their replacements win confirmation in the U.S. Senate.

The Washington Post, citing two people close to Trump, said the president's adviser Stephen Bannon and Attorney General Jeff Sessions wanted a clean slate of federal prosecutors to assert the administration's power.

But the decision to replace so many sitting attorneys at once has raised questions about whether the Trump administration's ability to enforce the nation's laws would be hindered.

"President Trump's abrupt and unexplained decision to summarily remove over 40 U.S. attorneys has once again caused chaos in the federal government," New York Attorney General Eric Schneiderman, a Democrat, said.

Senator Patrick Leahy, a Democrat on the Senate Judiciary Committee, said the firings showed "the independence of the Justice Department is at risk under this administration" and that lawmakers had to carefully evaluate Trump's replacements.

Career attorneys will carry on that work until new U.S. attorneys are put in place, the Justice Department said.

Bharara said his deputy, Joon Kim, will serve as his temporary replacement.

Marc Mukasey, a defense lawyer whose father served as attorney general under Republican President George W. Bush, has been mentioned as a possible replacement. He did not respond to a request for comment.



HIGH-PROFILE OFFICE

Bharara's office handles some of the most critical business and criminal cases passing through the federal judicial system. He has been overseeing a probe into New York City Mayor Bill de Blasio's fundraising.

Bharara has successfully prosecuted state and local politicians for corruption, including former New York Assembly Speaker Sheldon Silver. He won a lifetime sentence against the Times Square bomber, Faisal Shahzad, and a 25-year sentence for international arms dealer Viktor Bout.

He won a $1.8 billion insider-trading settlement against SAC Capital Advisors, the largest in history, which forced the hedge fund to shut down, and he forced JPMorgan Chase to pay $1.7 billion to settle charges related to its role in the Bernie Madoff Ponzi scheme.

"His firing so early in President Trump's tenure is somewhat unexpected, but if you had asked me a few months ago whether I expected Preet to still be in that job in March I would have said no," said Matthew Schwartz, a former prosecutor under Bharara.

Trump has asked two U.S. prosecutors to remain on the job, according to the Justice Department.

U.S. Attorney Rod Rosenstein of Maryland has been asked to stay on as the Senate considers his nomination to serve as the No. 2 Justice Department official, and U.S. Attorney Dana Boente of Virginia, who is temporarily serving in that position, has also been asked to remain.


And?
 
Trump's firing of U.S. Attorney Preet Bharara unlikely to derail de Blasio probe

Mayor de Blasio isn't off the hook just yet.

President Trump's firing of Manhattan U.S. Attorney Preet Bharara on Saturday is unlikely to significantly derail the ongoing investigation into de Blasio's fundraising - or the political calculations of those considering running against the mayor in November - experts told the Daily News.

Under normal circumstances, the assistant U.S. attorneys investigating de Blasio would not be affected be a change in leadership, said Bradley Simon, a criminal defense lawyer and former prosecutor in Brooklyn's Eastern District.

"I don't think they're going to be affected at all unless there's some intervention by the Justice Department," he said. "With respect to this administration, we're dealing with uncharted territory."

Simon said the same is true for the case against Gov. Cuomo's inner circle, which was brought by Bharara.

Trump fired the outspoken prosecutor - and asked for the resignations of 45 other U.S. attorneys - without having nominated their successors. The Southern District of New York will be run by Bharara's deputy, Joon Kim.

Simon noted that a deputy is generally ideologically similar to the U.S. attorney he or she serves, meaning Kim has little motivation to pump the brakes on an investigation into whether de Blasio donors were promised favors. Kim was reportedly present when de Blasio was questioned by federal prosecutors for several hours last month.

Whenever Trump does appoint Bharara's successor, he or she will have little incentive to go easy on de Blasio, who has been a vocal critic of the president's policies, Jeanne Zaino, a political science professor at Iona College, said.

"Everybody assumed Preet Bharara was the worst thing that could happen to Bill de Blasio, but you could imagine a Republican getting in there and being just as tough, if not tougher?" Zaino said.

Bharara's sacking is also unlikely to change the political calculations of de Blasio rivals considering a run against him for mayor this year, said Christina Greer, a political science professor at Fordham University.

Potential mayoral candidates are still waiting to see if anyone in de Blasio's administration is indicted, she said.

"Everyone's in a holding pattern," Greer said.

Still, Kenneth Sherrill, professor emeritus of political science at Hunter College, said a Republican-appointed U.S. attorney in the Southern District could work to de Blasio's advantage.

He said it hands the mayor the defense of saying, "of course Trump's going after me."

A de Blasio spokesman declined to comment on Bharara's firing.

Democrats in Washington, D.C., meanwhile, raised questions about whether Bharara's termination was the result of investigations into Trump's administration and businesses.

Rep. Elijah Cummings (D-Md.) said on ABC's "This Week" that "an air of distrust" swirled around the firing.

Bharara had said in November he'd accepted Trump's offer to stay in his post.

"Certainly there's a lot of questions coming up as to whether ... President Trump is concerned about the jurisdiction of this U.S. attorney and whether that might affect his future," Cummings said. "You look at everything surrounding the investigations -- there are a lot of questions that need to be asked."

The Washington Post reported last week that three watchdog groups had sent a letter to Bharara asking him to investigate whether Trump had received money or other benefits from foreign governments through his businesses, violating the emoluments clause of the Constitution.

On Saturday, Bharara was fired.

"The president has created this situation for himself. But yeah, sure, no doubt about it, when they asked about the emoluments clause and possible violations of it and the U.S. attorney's relationship to that, I think that had perhaps something to do with it," Cummings said.

The top oversight Democrat in the House noted that it was not unusual for new presidents to fire U.S. attorneys from a previous administration. But Attorney General Jeff Sessions assured Bharara he would remain in his post as recently as last week, The Daily Beast reported.

Sen. Charles Schumer, meanwhile, dismissed rumors that Trump fired Bharara as political revenge.

Prior to becoming U.S. attorney, Bharara worked for Schumer (D-NY) for five years, serving as his chief counsel.

"That Preet was fired by the president says far more about the president than it does about Preet," Schumer said.

"Preet is exemplary. I don't think he's the average U.S. attorney. He's done an amazing job. And it would have behooved any president to keep him on. The way it was done raises a whole lot of questions."
 
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