Trumps Latest Firing May Have Violated Four Core Values Of American Democracy – FiveThirtyEight
President Trumps firing of Geoffrey Berman, the U.S. attorney in charge of investigating major crimes in the influential Southern District of New York, which includes Manhattan, is another move by the Trump administration that, though likely legal and not totally unprecedented, appears to violate core democratic values.
The firing was dramatic, with Attorney General William Barr announcing late on Friday night Bermans resignation and a replacement. Berman issued a statement roughly an hour later saying that he had not resigned and that Barr personally did not have the right to fire him due to the nature of his appointment. So on Saturday afternoon, Trump himself fired Berman, and Barr designated a different person to replace Berman than the one he had named on Friday. The firing was also somewhat surprising given that Berman is a longtime Republican who not only donated to Trumps first presidential campaign but also served on his transition team.
Yet underlying all the drama is something weve gotten used to in the Trump era: the breaking of democratic norms and values, which are two distinct concepts. As weve written about before, values are fundamental principles (e.g., free speech), whereas norms are the unwritten rules we abide by (dont cut in line) that sometimes reinforce those values (Supreme Court justices dont endorse political candidates, thereby bolstering the independence of the judicial and executive branches) but also sometimes dont. So lets look at Trumps firing of Berman in the context of some of those values.
Under Bermans leadership, the Southern District was reportedly investigating Trump lawyer and ally Rudy Giuliani, including Giulianis dealings with Ukranian officials that were scrutinized as part of the impeachment inquiry against Trump. We dont know the status of that investigation, whether Giuliani was likely to face criminal charges or even whether that investigation was a factor in the decision to oust Berman. There is some logic to the idea that Department of Justice prosecutors should avoid making decisions close to the election that might influence its outcome indicting the presidents attorney is arguably such an example. In fact, Democrats in 2016 criticized then-FBI Director James Comey on these grounds, when he announced less than two weeks before Election Day that he was reviewing new evidence involving Democratic nominee Hillary Clintons use of a private email server while she was secretary of state.
That said, if Trump and Barr were trying to protect Giuliani (and therefore Trump), it fits a pattern of Barrs Justice Department seeming to extend special treatment to Trump allies. In February, DOJ officials overruled career prosecutors and asked for a significantly lighter sentence for longtime Trump confidant Roger Stone, who was convicted of lying to Congress, witness tampering and obstruction of justice. All four prosecutors withdrew from the case and one resigned in protest of the decision. Even more unusual was the decision in May by a Barr-appointed U.S. attorney in Washington, D.C., to drop charges against Trumps first national security adviser, Michael Flynn, even though Flynn had already pleaded guilty to lying to the FBI. Not only did a career prosecutor quit that case as well, but federal appeals judges are considering not allowing the Justice Department to drop the charges.
The democratic value at play here is equal justice under the law a person should not get unusually lenient treatment by the Justice Department if he or she is an ally of the presidents. Arguably, previous presidents have violated this value for example, as he was leaving office, Bill Clinton pardoned the ex-husband of a major Democratic Party donor.
The most alarming potential explanation of what happened to Berman is that Barr tried to fire him specifically for investigating Giuliani. A milder version may be that the Southern District, under Bermans leadership, demonstrated that it did not care about Trumps preferences and would investigate whichever crimes it deemed important, no matter the potential ramifications for Trump. Two years ago, the Southern District persuaded onetime Trump lawyer Michael Cohen to plead guilty to a number of crimes, including violating campaign finance law, with Cohen suggesting his illegal behavior came at Trumps behest. (Its worth noting that Berman recused himself from that case.)
So Barr and Trump may consider Berman insufficiently loyal to their interests and fear he would bring charges that would reflect badly on Trump or Republicans, even if Berman didnt bring forward a case clearly linked to the president.
Indeed, the Trump administration has a long record of demoting, reassigning, firing or otherwise sidelining law enforcement officials who show independence from the White House: Comey, former FBI general counsel James Baker, former FBI Deputy Director Andrew McCabe, former Attorney General Jeff Sessions. Trump or his allies often hinted that Rod Rosenstein and Robert Mueller would be fired during their tenures as deputy attorney general and DOJ special counsel, respectively, in a manner seemingly designed to intimidate them. Trump has also recently complained about current FBI Director Christopher Wray and hinted that he could be fired.
And Barr has implied that the Justice Department will seek to bring charges against those involved with initiating the investigations of the Trump campaigns connections to Russia in effect, criminalizing efforts that bring scrutiny to the president.
Again, it is not unprecedented for presidents to replace law enforcement officials. Presidents in both parties traditionally replace with their own choices all the U.S. attorneys appointed by the previous administration, which often results in a wide partisan swap. As president, Clinton fired the FBI director, and most notably, in what came to be known as the Saturday Night Massacre, then-President Richard Nixon purged the senior leadership of the Justice Department for refusing to quash an investigation of him he was forced to resign in part because of these moves.
The democratic value at stake here is the independence of law enforcement. That ideal, that their decisions should be divorced from politics, is hard to maintain if key law enforcement officials are constantly worried about being fired by the president, attorney general or anyone else for political reasons.
Its worth thinking about the initial bid to fire Berman on Friday night, because that is in part what made this move so problematic at first glance. It appeared to be an attempt by Barr and Trump to install at the top of an important law enforcement agency (the Southern District of New York) someone more likely to be friendly to their interests. Generally, when a political appointee like a U.S. attorney leaves, he or she is replaced by the No. 2 person in that office, usually a career civil service employee not formally aligned with either party. But on Friday Barr announced that Berman would be temporarily replaced by Craig Carpenito, a U.S. attorney for the District of New Jersey, a close ally of former New Jersey Gov. Chris Christie, another Trump loyalist.
This is a pattern for Trump: removing the leaders of various government agencies or departments, ignoring normal succession procedures and passing over the people who would normally step in, and instead replacing them with Trump allies. The temporary replacements role is essentially to do Trumps bidding in a way that the removed person would not. The most prominent example of this was when, after the 2018 midterm elections, Trump replaced Sessions with his chief of staff at the time, Matt Whitaker. Often, as in the case of Berman, Trump has removed someone appointed in a process he did not totally control (usually Senate confirmation in Bermans case, he was installed by the judges of the Southern District) with someone chosen solely by Trump for that particular role.
Trumps controlling the executive branch in this way minimizing the oversight of other branches weakens checks on his executive power. In this instance, however, Bermans own chief deputy, Audrey Strauss, stepped into the role.
That said, that Carpenito never actually made it into Bermans former position doesnt mean the move wasnt still problematic in terms of oversight. In indicting one Trump lawyer (Cohen) and investigating another (Giuliani), the Southern District under Bermans leadership was effectively conducting oversight of the president, since Giuliani in particular was basically executing Trumps policy goals with Ukraine (pressuring Ukraine to investigate former Vice President Joe Biden and his son Hunter Biden). Bermans firing suggests Trump was unhappy with that oversight and wants to limit it.
Trumps attempts to stop oversight of his policy moves is also part of a pattern. He has essentially refused to comply with any congressional investigations into his administration. And over the past few months, he has fired a number of the inspectors general at federal agencies, the people formally charged with scrutinizing the executive branch. The intelligence community inspector general played a key role in bringing forward the whistleblowers complaints about the Trump administrations dealings with Ukraine, leading to the presidents impeachment. Trump seems to now view all inspectors general as threats to his administration.
The democratic value at play here is oversight of the executive branch. The Senates role in confirming executive branch appointees and the presence of inspectors general are ways in which a president in theory is not able to do whatever he wants with the executive branch. Trump seems unwilling to abide by these constraints. Having his personal lawyer conduct foreign policy puts that person out of the purview of the Senate or inspectors general. Firing the U.S. attorney whose office was investigating the presidents lawyer signals that the presidents lawyer and the sphere of policy he is implementing is off limits.
The Berman firing, like the removals of several inspectors general, was done on a Friday night. This is not the most important of these violations of democratic values. Previous presidents and plenty of other people outside of politics, for that matter dump bad news on Friday nights, hoping it will get less media coverage as journalists take off for the weekend.
That said, these firings are important for the reasons I have laid out above. Trumps seeming desire to obscure them suggests he wants to avoid careful examination of decisions that he no doubt is aware will be controversial.
Media and public scrutiny of presidential decisions is a core democratic value as well, even if other presidents have also neglected to maintain it.
And, again, this is a pattern for Trump. In the past few weeks, he and his aides have sought to get CNN to retract and apologize for a poll showing Trump trailing Biden and to block the publication of former National Security Adviser John Boltons book, which is critical of Trump. Presidents often complain about polls and dislike books critical of them but Trumps actions go beyond those more traditional objections.
We recently wrote about how the administrations decision to use chemical agents and rubber bullets on protesters outside the White House violated several democratic values. Key officials involved in that incident now seem to regret it. The firing of Berman may also backfire on Trump. It could embolden more people, including some Republicans, to start criticizing the president for politicizing law enforcement decisions.
Bermans decision to resist his firing and administration officials distancing themselves from the White House protest incident suggest something else that should worry Trump: People in his administration may be reading and believing polls showing him trailing Biden, thinking Trump is likely to lose reelection in November and becoming more unwilling to do questionable things to stay in good standing with a man who may not be president come January.
CORRECTION (June 22, 2020, 8:37 a.m.) An earlier version of this article incorrectly described the events that preceded former President Richard Nixons resignation. The House Judiciary Committee approved three articles of impeachment against Nixon amid the Watergate scandal, but he resigned before the full House held an impeachment vote. Nixon was not impeached by the full House of Representatives.
CORRECTION (JUNE 23, 2020, 7:05 a.m.) An earlier version of this article incorrectly stated that Rod Rosenstein had served as deputy director of the FBI under President Trump. Rosenstein was the deputy attorney general.
The rest is here:
Trumps Latest Firing May Have Violated Four Core Values Of American Democracy - FiveThirtyEight
- Dissatisfaction with democracy remains widespread in many nations - Pew Research Center - July 2nd, 2025 [July 2nd, 2025]
- Poll: Most feel democracy is threatened and political violence is a major problem - NPR - July 2nd, 2025 [July 2nd, 2025]
- Poll: What Americans think about the state of democracy and how Trump is doing - VPM - July 2nd, 2025 [July 2nd, 2025]
- The last Hong Kong pro-democracy party that held street protests disbands - CNN - July 2nd, 2025 [July 2nd, 2025]
- They Demanded Democracy. Years Later, They Are Still Paying the Price. - The New York Times - July 2nd, 2025 [July 2nd, 2025]
- New poll finds about three-quarters of Americans say democracy under threat : Trump's Terms - NPR - July 2nd, 2025 [July 2nd, 2025]
- Ford Foundation selects Yale dean and democracy scholar Heather Gerken to succeed Darren Walker - ABC News - Breaking News, Latest News and Videos - July 2nd, 2025 [July 2nd, 2025]
- Why democracy hinges on respect for the court and the rule of law - Deseret News - July 2nd, 2025 [July 2nd, 2025]
- Bill Moyers journalism strengthened democracy by connecting Americans to ideas and each other, in a long and extraordinary career - The Conversation - July 2nd, 2025 [July 2nd, 2025]
- Poll: What Americans think about the state of democracy and how Trump is doing - KUOW - July 2nd, 2025 [July 2nd, 2025]
- Damaging and Deadly Heat Domes Nearly Tripled, from Europe to the U.S.: Climatologist Michael Mann - Democracy Now! - July 2nd, 2025 [July 2nd, 2025]
- Poorly led, strategically inept and shorn of democracy. Now I truly fear for this Labour government | John McDonnell - The Guardian - July 2nd, 2025 [July 2nd, 2025]
- More Americans think the U.S. is in a constitutional crisis than think the U.S. is a democracy - YouGov - July 2nd, 2025 [July 2nd, 2025]
- Five years on, Hong Kongs national security law extinguishes last standing pro-democracy party - The Guardian - July 2nd, 2025 [July 2nd, 2025]
- Comprehensive Road Repairs Begin on Democracy Boulevard, Expected to Last 10-12 Weeks - The MoCo Show - - July 2nd, 2025 [July 2nd, 2025]
- We the People includes all Americans but July 4 is a reminder that democracy remains a work in progress - WSOC TV - July 2nd, 2025 [July 2nd, 2025]
- Right to Democracy and the America the Beautiful for All Coalition Stand with American Samoa in Opposing Unilateral Proposals for Deep Seabed Mining -... - July 2nd, 2025 [July 2nd, 2025]
- In-Depth Exploration of Participatory Democracy and Local Governance Practices in Spain - United Nations Development Programme - July 2nd, 2025 [July 2nd, 2025]
- Information overload: Can we keep our minds and our democracy? - Lowy Institute - July 2nd, 2025 [July 2nd, 2025]
- Democracy Forward Boosts Appellate Bench With Latest Hires - Law360 - July 2nd, 2025 [July 2nd, 2025]
- Tens of Thousands Flee Gaza City as Israel Issues New Forced Evacuation Orders - Democracy Now! - July 2nd, 2025 [July 2nd, 2025]
- Poll: What Americans think about the state of democracy and how Trump is doing - New Hampshire Public Radio - July 2nd, 2025 [July 2nd, 2025]
- Top justice decries injury to democracy as hecklers disrupt hearing on Shin Bet appointment - The Times of Israel - July 2nd, 2025 [July 2nd, 2025]
- One of Hong Kong's last major pro-democracy parties disbands - BBC - June 29th, 2025 [June 29th, 2025]
- Hong Kong's last active pro-democracy group says it will disband amid security crackdown - Reuters - June 29th, 2025 [June 29th, 2025]
- The last Hong Kong pro-democracy party that held street protests disbands - AP News - June 29th, 2025 [June 29th, 2025]
- Forging a future for democracy: Highlights from International IDEA's 30th Anniversary - International IDEA - June 29th, 2025 [June 29th, 2025]
- The last Hong Kong pro-democracy party that held street protests disbands - goSkagit - June 29th, 2025 [June 29th, 2025]
- Zohran and democracy: Three days that shook the world - Salon.com - June 29th, 2025 [June 29th, 2025]
- Palestine Action is part of Britain's proud history of protest. Proscribing it is an assault on democracy | Suresh Grover - The Guardian - June 29th, 2025 [June 29th, 2025]
- The last Hong Kong pro-democracy party that held street protests disbands - Citizen Tribune - June 29th, 2025 [June 29th, 2025]
- South Koreas democracy in the shadow of the far-right - Pearls and Irritations - June 29th, 2025 [June 29th, 2025]
- Democracy dies at midnight in Ohio Statehouse: Letter from the Editor - Cleveland.com - June 29th, 2025 [June 29th, 2025]
- Bob Vylan and Kneecap have exposed a disturbing truth about our democracy - The i Paper - June 29th, 2025 [June 29th, 2025]
- US state department told to end nearly all its overseas pro-democracy programs - The Guardian - June 28th, 2025 [June 28th, 2025]
- Banning the opposition is no way to revive Bangladeshs democracy - The Economist - June 28th, 2025 [June 28th, 2025]
- US to slash nearly all funding for overseas pro-democracy initiatives: Report - Middle East Eye - June 28th, 2025 [June 28th, 2025]
- 'It's not really giving democracy': NYC student journalists on the year that was - Gothamist - June 28th, 2025 [June 28th, 2025]
- In a Democracy, Protest Is Good for the Soul, Even if It Does Not Change Anyones Mind - The Fulcrum - June 28th, 2025 [June 28th, 2025]
- We the people is a timeless ideal of American democracy. Whats gone wrong? - Berkeley News - June 28th, 2025 [June 28th, 2025]
- SCOTUS Limits Federal Judges Ability to Block Executive Actions Nationwide - Democracy Docket - June 28th, 2025 [June 28th, 2025]
- U.S. and China Agree to Framework for Trade Deal - Democracy Now! - June 28th, 2025 [June 28th, 2025]
- 'Democracy Is At Risk': Retired SCOTUS Justice Anthony Kennedy Expresses Grave Concerns Over 'Tone Of Our Political Discourse' - Above the Law - June 28th, 2025 [June 28th, 2025]
- CDT's Isabel Linzer Speaks on "Cyber Interference with Democracy" Panel: Insights from the 2025 Octopus Conference - - Center for Democracy... - June 28th, 2025 [June 28th, 2025]
- Mongolias Government Transition: Democracy in Action or Foreign Interference? - The Diplomat Asia-Pacific Current Affairs Magazine - June 28th, 2025 [June 28th, 2025]
- The Economy Is Rigged: Robert Reich on Zohran Mamdani, The Democratic Party, Inequality, and Trump - Democracy Now! - June 28th, 2025 [June 28th, 2025]
- Democracy Affirmed: United States v. Skrmetti and the Return to Self-Government - The Federalist Society - June 28th, 2025 [June 28th, 2025]
- The legendary Bill Moyers defended democracy with eloquence and grace - San Antonio Express-News - June 28th, 2025 [June 28th, 2025]
- In Renton, were holding officials accountable and upholding democracy | Op-Ed - The Seattle Times - June 28th, 2025 [June 28th, 2025]
- You can't bomb Iran into democracy - The Observer - June 28th, 2025 [June 28th, 2025]
- Behind the Bylines: Democracy dies in the TL;DR - Sentinel and Enterprise - June 28th, 2025 [June 28th, 2025]
- Vallejos official videographer brings democracy to the public - Times Herald Online - June 28th, 2025 [June 28th, 2025]
- Dynasties, daughters and the dilemma of democracy in Southeast Asia - Nikkei Asia - June 28th, 2025 [June 28th, 2025]
- ICE Limiting Lawmaker Access to Facilities Amid Allegations of Inhumane Conditions - Democracy Docket - June 28th, 2025 [June 28th, 2025]
- Don Verrilli Examines American Democracy and First Amendment Protections in Politics and Prose Panel - Munger, Tolles & Olson LLP - June 26th, 2025 [June 26th, 2025]
- Fifty years after Emergency, the new threats to democracy - The Indian Express - June 26th, 2025 [June 26th, 2025]
- How Slovakias Government Mainstreamed Extremism and Undermined Democracy - Visegrad Insight - June 26th, 2025 [June 26th, 2025]
- Twelve Years After Shelby County v. Holder Decision, LDF Calls for Voter Protections in Wake of Increased Attacks on our Democracy - Legal Defense... - June 26th, 2025 [June 26th, 2025]
- U.S. initiatives to promote democracy abroad as a "beacon of freedom" are decomposing under Trump - Milwaukee Independent - June 26th, 2025 [June 26th, 2025]
- What does our threatened democracy need now? - MinnPost - June 26th, 2025 [June 26th, 2025]
- The Pro-Democracy Community: Definition, Inspiration, and Curiosity - The Fulcrum - June 26th, 2025 [June 26th, 2025]
- Towards a Human Right to Democracy? Some Initial Thoughts on Guatemalas Request for Advisory Opinion to the Inter-American Court of Human Rights -... - June 26th, 2025 [June 26th, 2025]
- Democracy shouldnt be used as an ideological weapon - The Japan Times - June 26th, 2025 [June 26th, 2025]
- SCOTUS Says Human Rights Should Be Left to the Same Democratic Process it Undermined - Democracy Docket - June 26th, 2025 [June 26th, 2025]
- Kristina Becvar: Americans still believe in democracy but disagree on what threatens it most - Pioneer Press - June 26th, 2025 [June 26th, 2025]
- COMMENTARY: Obergefell and the true threat to democracy - Kentucky Today - June 26th, 2025 [June 26th, 2025]
- Richard Haass: Guarding Democracy by Teaching Civics - American Council of Trustees and Alumni - June 26th, 2025 [June 26th, 2025]
- In the Name of Democracy: How Germany Ended Up Funding Hate - The European Conservative - June 26th, 2025 [June 26th, 2025]
- Indiras action crushed the soul of democracy: Dy CM - Times of India - June 26th, 2025 [June 26th, 2025]
- Sen. Murkowski on why she's having more talks than ever on the state of democracy - NPR - June 24th, 2025 [June 24th, 2025]
- No Kings was just the start of Americas fight for democracy - The Hill - June 24th, 2025 [June 24th, 2025]
- Overblown infrastructure projects damage lives and imperil democracy. Why is Britain addicted to them? - The Guardian - June 24th, 2025 [June 24th, 2025]
- Crews put the top on the home of UVAs Karsh Institute of Democracy - UVA Today - June 24th, 2025 [June 24th, 2025]
- CDT Europe responds to the European Commission Public Consultation on the European Democracy Shield - - Center for Democracy and Technology - June 24th, 2025 [June 24th, 2025]
- Sen. Murkowski on why she's having more talks than ever on the state of democracy - KNKX - June 24th, 2025 [June 24th, 2025]
- Becvar: Americans still believe in democracy but disagree on what threatens it most - TheDailyNewsOnline.com - June 24th, 2025 [June 24th, 2025]
- How will AI affect the future of authorship and our democracy? - VatorNews - June 24th, 2025 [June 24th, 2025]
- Canadian community foundations rally to support local news, calling it essential to democracy - The Conversation - June 24th, 2025 [June 24th, 2025]
- Where war returns, rights recede: Defending democracy and human dignity 50 years after Helsinki - European Interest - June 24th, 2025 [June 24th, 2025]
- The Future of Social Democracy: How the German SPD can Win Again - Social Europe - June 22nd, 2025 [June 22nd, 2025]