If U.S. Attorneys were civil servants with fixed terms, presidents like Trump would not be able to manipulate the law so easily.
for Berman’s dismissal is that he “wanted the opportunity to choose a distinguished New York lawyer, Jay Clayton, to nominate as United States Attorney.”maneuvered
Berman’s dismissal is another reminder that the constitution alone does not guarantee that justice will be blind or that politics will be kept out of prosecutorial decision making. To prevent similar abuses and threats to the rule of law in the future, the U.S. will need to make significant structural and institutional changes.
Currently, U.S. Attorneys are typically appointed by the president following the recommendation of senators from the president’s party who represent the state to which they will be appointed. This process has been used to reward political cronies or prominent donors, like Berman, to the president’s party.
A merit selection process would focus on legal experience, qualifications, and demonstrated good judgment unlike the current system which rewards those with political connections and ideological affinity with the president. A more professionalized and independent group of U.S. Attorneys offers a safeguard against undue political influence and allows them to make decisions based on the rule of law.
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