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Trump Abruptly Orders 46 Obama-Era Prosecutors to Resign Trump Abruptly Orders 46 Obama-Era Prosecutors to Resign
(about 4 hours later)
WASHINGTON — The Trump administration on Friday moved to sweep away the remaining vestiges of Obama administration prosecutors at the Justice Department, ordering 46 holdover United States attorneys to tender their resignations immediately — including Preet Bharara, the United States attorney in Manhattan. WASHINGTON — The Trump administration moved on Friday to sweep away most of the remaining vestiges of Obama administration prosecutors at the Justice Department, ordering 46 holdover United States attorneys to tender their resignations immediately — including Preet Bharara, the United States attorney in Manhattan.
The firings were a surprise — especially for Mr. Bharara, who has a reputation for prosecuting public corruption cases. In November, Mr. Bharara met with then President-elect Donald J. Trump at Trump Tower and told reporters afterward that Mr. Trump had asked him about staying on, which the prosecutor said he expected to do. The firings were a surprise — especially for Mr. Bharara, who has a reputation for prosecuting public corruption cases. In November, Mr. Bharara met with then President-elect Donald J. Trump at Trump Tower in Manhattan and told reporters afterward that both Mr. Trump and Jeff Sessions, who is now the attorney general, had asked him about staying on, which the prosecutor said he expected to do.
But on Friday, Mr. Bharara was among federal prosecutors who received a call from Dana Boente, the acting deputy attorney general, instructing him to resign, according to a person familiar with the matter. A spokesman for Mr. Bharara declined to comment. But on Friday, Mr. Bharara was among federal prosecutors who received a call from Dana Boente, the acting deputy attorney general, instructing him to resign, according to a person familiar with the matter. As of Friday evening, though some of the prosecutors had publicly announced their resignations, Mr. Bharara had not. A spokesman for Mr. Bharara declined to comment.
Sarah Isgur Flores, a Justice Department spokeswoman, said in an email that all remaining holdover United States attorneys had been asked to resign, leaving their deputy United States attorneys, who are career officials, in place in an acting capacity.Sarah Isgur Flores, a Justice Department spokeswoman, said in an email that all remaining holdover United States attorneys had been asked to resign, leaving their deputy United States attorneys, who are career officials, in place in an acting capacity.
“As was the case in prior transitions, many of the United States Attorneys nominated by the previous administration already have left the Department of Justice,” she said in the email. “The Attorney General has now asked the remaining 46 presidentially appointed U.S. Attorneys to tender their resignations in order to ensure a uniform transition.”“As was the case in prior transitions, many of the United States Attorneys nominated by the previous administration already have left the Department of Justice,” she said in the email. “The Attorney General has now asked the remaining 46 presidentially appointed U.S. Attorneys to tender their resignations in order to ensure a uniform transition.”
She added: “Until the new U.S. Attorneys are confirmed, the dedicated career prosecutors in our U.S. Attorney’s Offices will continue the great work of the Department in investigating, prosecuting, and deterring the most violent offenders.” The abrupt order came after two weeks of increasing calls from Mr. Trump’s allies outside the government to oust appointees from President Barack Obama’s administration. Mr. Trump has been angered by a series of reports based on leaked information from a sprawling bureaucracy, as well as from his own West Wing.
It was not clear how that affects Mr. Boente, who is the United States attorney for the Eastern District of Virginia. Mr. Trump temporarily installed him as acting deputy attorney general after firing the holdover deputy from the Obama administration, Sally Yates, for refusing to defend Mr. Trump’s initial travel ban in court. Several officials said the firings had been planned before Friday.
It was also not clear how the order affects Rod Rosenstein, the United States attorney for Maryland, whom Mr. Trump has nominated to be the deputy attorney general. But the calls from the acting deputy attorney general arose a day after Sean Hannity, the Fox News commentator who is a strong supporter of President Trump, said on his evening show that Mr. Trump needed to “purge” Obama holdovers from the federal government. Mr. Hannity portrayed them as “saboteurs” from the “deep state” who were leaking secrets to hurt Mr. Trump. It also came the same week that government watchdogs wrote to Mr. Bharara and urged him to investigate whether Mr. Trump had violated the emoluments clause of the Constitution, which bars federal officials from taking payments from foreign governments.
It remains possible that Mr. Trump and Attorney General Jeff Sessions may choose not to accept particular prosecutors’ resignations. In Mr. Hannity’s monologue, he highlighted the fact that the Clinton administration had told all 93 United States attorneys to resign soon after he took office in 1993, and that “nobody blinked an eye,” but he said it became a scandal when the George W. Bush administration fired several top prosecutors midway through his second term.
Several Democratic members of Congress said they only heard that the United States attorneys from their states were being immediately let go shortly before the Friday afternoon statement from the Justice Department. One senator, speaking on the condition of anonymity to protect the identity of the United States attorney in that state, said that an Obama-appointed prosecutor had been instructed to vacate the office by the end of the day.
Although it was not clear whether all were given the same instructions, that United States attorney was not the only one told to clear out by the close of business. The abrupt nature of the dismissals distinguished Mr. Trump’s mass firing from Mr. Clinton’s, because the prosecutors in 1993 were not summarily told to clear out their offices.
Michael D. McKay, who was the United States attorney in Seattle under the George Bush administration, recalled that even though he had already made plans to leave, he nevertheless stayed on for about three weeks beyond a request by then-Attorney General Janet Reno for all of the holdover prosecutors to resign. He also recalled at least one colleague who was in the midst of a major investigation and was kept on to finish it.
“I’m confident it wasn’t on the same day,” he said, adding: “While there was a wholesale ‘Good to see you, thanks for your service, and now please leave,’ people were kept on on a case-by-case basis depending on the situation.”
Two United States attorneys survived the firings: Mr. Boente, the top prosecutor for the Eastern District of Virginia, who is serving as acting deputy attorney general, and Rod Rosenstein, the top prosecutor in Baltimore, whom Mr. Trump has nominated to be deputy attorney general.
“The president called Dana Boente and Rod Rosenstein tonight to inform them that he has declined to accept their resignation, and they will remain in their current positions,” said Peter Carr, a Justice Department spokesman.
It remains possible that Mr. Trump and Mr. Sessions could put others on that list later.
It is not unusual for a new president to replace United States attorneys appointed by a predecessor, especially when there has been a change in which party controls the White House.It is not unusual for a new president to replace United States attorneys appointed by a predecessor, especially when there has been a change in which party controls the White House.
Still, some presidents have done it gradually, while keeping some inherited prosecutors in place, as it had appeared Mr. Trump would do with Mr. Bharara. President Barack Obama, for example, kept Mr. Rosenstein, who had been appointed by President George W. Bush. Still, other presidents have done it gradually in order to minimize disruption, giving those asked to resign more time to make the transition while keeping some inherited prosecutors in place, as it had appeared Mr. Trump would do with Mr. Bharara. Mr. Obama, for example, kept Mr. Rosenstein, who had been appointed by George W. Bush.
Still, in 1993, the Clinton administration fired all 93 United States attorneys on the same day. The abrupt mass firing appeared to be a change in plans for the administration, according to a statement by Senator Dianne Feinstein of California, the top Democrat on the Senate Judiciary Committee.
Mr. Bharara is among the highest-profile United States attorneys, with a purview that includes Wall Street as well as a number of corruption cases involving New York elected officials or their aides. “In January, I met with Vice President Pence and White House Counsel Donald McGahn and asked specifically whether all U.S. attorneys would be fired at once,” she said. “Mr. McGahn told me that the transition would be done in an orderly fashion to preserve continuity. Clearly this is not the case. I’m very concerned about the effect of this sudden and unexpected decision on federal law enforcement.”
Mr. Bharara’s office is involved in a case related to a top adviser to Gov. Andrew Cuomo, and is also probing allegations of pay-for-play around Mayor Bill de Blasio of New York. Still, the cases the various federal prosecutors were overseeing will continue, with their career deputies becoming acting United States attorneys in their place for the time being.
Mr. Trump invited Mr. Bharara to meet with him during a public get-together at Trump Tower during the transition. Afterward, Mr. Bharara told reporters that he had been asked to remain on in his job — and that Mr. Sessions had asked him to stay on. Mr. Bharara has been among the highest-profile United States attorneys, with a purview that includes Wall Street and public corruption prosecutions, including of both Democratic and Republican officials and other influential figures.
A person familiar with the calls that have been made said there was no advance warning of the move. It came less than 24 hours after Sean Hannity, the Fox News commentator who often speaks with Mr. Trump, called for a “purge” of Obama appointees at the Justice Department on his show. His office, for example, has prosecuted top police officials in New York and the powerful leader of the city correction officers’ union; they have pleaded not guilty. It is preparing to try a major public corruption case involving former aides and associates of Gov. Andrew M. Cuomo and is looking into allegations of pay-for-play around Mayor Bill de Blasio of New York.
But Mr. Bharara is also closely associated with the Senate minority leader, Senator Chuck Schumer, Democrat of New York. Mr. Bharara was formerly a counsel to Mr. Schumer, who pushed Mr. Obama to nominate Mr. Bharara to be the top federal prosecutor in the Southern District of New York.
At the time of the November meeting at Trump Tower, Mr. Schumer was saying publicly that Democrats should try to find common ground and work with the president-elect. But relations between Mr. Trump and Mr. Schumer have since soured.
Mr. Trump has called Mr. Schumer the Democrats’ “head clown” and accused him of shedding “fake tears” over the president’s efforts to bar refugees from entering the United States.
For his part, Mr. Schumer has called for an independent investigation into contacts between the Trump campaign and the Russian government, and demanded that Mr. Sessions resign for having testified that he had no contacts with Russians even though he had met with the Russian ambassador.
The White House officials ascribed the reversal over Mr. Bharara as emblematic of a chaotic transition process. One official said it was tied to Mr. Trump’s belief in November that he and Mr. Schumer would be able to work together.