Following the arrest of former White House chief strategist Steve Bannon, critics of President Trump suggested this was another failed attempt to protect an ally.
Bannon was indicted and arrested on Thursday for conspiracy to commit wire fraud and money laundering for his role in a crowdfunding campaign to raise money to build a border wall between the United States and Mexico. The charges were handed down by the Southern District of New York.
The arrest brought renewed scrutiny on the firing of Geoffrey Berman, the former U.S. attorney for the Southern District of New York, particularly on Attorney General William Barr, who has said it is “ludicrous” to suggest that Berman was ousted because of an investigation.
Berman was then removed by Trump at Barr’s recommendation in June after he resisted Barr’s effort to replace him. Berman’s deputy, Audrey Strauss, became acting U.S. attorney until a permanent successor can be confirmed by the Senate. She was the one who brought the charges against Bannon.
“Barr fired the U.S. Attorney for the Southern District of New York. He refused to go quietly and forced Barr to allow his deputy to take over instead of a Trump puppet. A few weeks latter, she indicts Steve Bannon. This presidential administration is a criminal enterprise,” said Walter Shaub, a former director of the Office of Government Ethics, who resigned in 2017.
Barr fired the U.S. Attorney for the Southern District of New York. He refused to go quietly and forced Barr to allow his deputy to take over instead of a Trump puppet. A few weeks latter, she indicts Steve Bannon. This presidential administration is a criminal enterprise.
— Walter Shaub (@waltshaub) August 20, 2020
Andrew Weissmann, a former Justice Department and FBI official who was a prosecutor in special counsel Robert Mueller’s investigation, said, “Note two things about the Bannon indictment. 1. it explains why Trump-Barr removed US Attorney Berman so precipitously. 2. SDNY made case not with FBI, but Postal Inspectors and internal SDNY agents. Open question: did SDNY seek approval for charges from Barr (wd not need to)?”
Barbara McQuade, a former U.S. attorney for the Eastern District of Michigan who is a colleague of Weissmann on NBC News and MSNBC, replied, “Ordinarily, I would expect SDNY to give advance notice to Main Justice for a high-profile case like this, but not need to seek permission. But of course, these are not ordinary times. Glad we have Audrey Strauss succeeding Berman at SDNY and not Trump’s guy.”
Ordinarily, I would expect SDNY to give advance notice to Main Justice for a high-profile case like this, but not need to seek permission. But of course, these are not ordinary times. Glad we have Audrey Strauss succeeding Berman at SDNY and not Trump’s guy.
— Barb McQuade (@BarbMcQuade) August 20, 2020
Even leading Democratic members of Congress suggested there could be a corrupt motive.
“This could be the reason former SDNY head Berman was removed him from his position by Attorney General Barr last month,” House Judiciary Committee Chairman Jerry Nadler tweeted.
The Twitter account for the House Judiciary Committee Republicans shot back, sharing an excerpt of a transcript of Berman’s testimony in which he said Barr did not mention any pending cases when asking Berman to resign.
Nice try, Mr. Chairman. But Bannon had nothing to do with Berman’s removal.
Don’t take our word for it.
Just look at what Berman himself had to say. https://t.co/xTwJD9XjE3 pic.twitter.com/L2ij64o9Fz
— House Judiciary GOP (@JudiciaryGOP) August 20, 2020
Other Trump critics who piled on included MSNBC host Lawrence O’Donnell.
Bannon prosecution is one of the cases Trump & Barr were trying to stop by firing Geoffrey Berman. https://t.co/yQ70EJMQ8G
— Lawrence O’Donnell (@Lawrence) August 20, 2020
The Attorney General clumsily forced out Trump’s hand-picked SDNY US Attorney two months before SDNY dropped an indictment against Trump’s former campaign manager and senior adviser for fleecing Trump supporters out of money they don’t have.
They really must think we’re stupid.
— Steve Vladeck (@steve_vladeck) August 20, 2020
2 months ago, William Barr launched a haphazard effort to get rid of U.S. attorney Geoffrey Berman and also prevent his deputy, Audrey Strauss, from taking over.
Berman fought it and made sure Strauss got the acting job.
Today, Strauss indicts Trump’s former campaign CEO.
— Aaron Blake (@AaronBlake) August 20, 2020
Bannon indicted, and suddenly I have a whole new set of questions about Bill Barr’s dismissal of Berman as U.S. Attorney for SDNY. https://t.co/heBgryrqtw
— Daniel W. Drezner (@dandrezner) August 20, 2020
Because Barr lied about then fired Berman, Berman would be conflicted out of any prosecution/supervision of a prosecution of Barr. And Berman actually plays by the rules and cares about the ethics of our prosecutorial practice. https://t.co/oQ0O6Tsgsf
— Glenn Kirschner (@glennkirschner2) August 20, 2020
This certainly brings Barr’s desperate efforts to push out Southern District US attorney Berman, including his willingness to lie to get it done, into context. https://t.co/0RPfymTwiA
— Joyce Alene (@JoyceWhiteVance) August 20, 2020
Bannon, and the other three men who were arrested in connection with the scheme, were charged with one count of conspiracy to commit wire fraud and one count of conspiracy to commit money laundering, each of which could result in up to 20 years in prison.
Berman, while testifying in front of the House Judiciary Committee last month, claimed that Barr repeatedly pressured him to resign and take a position in the Justice Department’s Civil Division so that Securities and Exchange Commission Chairman Jay Clayton could be nominated for the Manhattan job. Upon his departure from SDNY, Berman said Strauss “will continue to safeguard the Southern District’s enduring tradition of integrity and independence.”
