Without Fear or Favor: What Geoff Berman's Stand Against His Firing Means for Justice
Geoff Berman's statement that he cherished working with the men and women of the office "to pursue justice without fear of favor" speaks volumes to all of us who have served there.
June 23, 2020 at 01:47 PM
4 minute read
More than 10 years ago, we stood under the American flag in the library of One St. Andrew's Plaza surrounded by members of the Southern District U.S. Attorney's Office, family and friends, raised our right hands, and were sworn in as assistant U.S. attorneys. The U.S. attorney administered the oath of office, and we swore to defend the constitution and faithfully carry out the duties of a federal prosecutor. We were given a plaque quoting the words of former Southern District U.S. Attorney Whitney North Seymour Jr., that read, in part, "To be an Assistant United States Attorney for the Southern District of New York requires commitment to absolute integrity and fair play" and "a total dedication to the public interest." This plaque also quoted Thomas Paine to instill in us that,"to do good is my religion."
Geoff Berman's promise upon his firing that the office's "investigations will move forward without delay or interruption" honor the words of Seymour, words that became our credo as assistant U.S. attorneys: do the right thing, in the right way, and for the right reasons. The efforts to oust Berman and replace him on an interim basis with a U.S. attorney from another district were unprecedented. Berman's abrupt firing in the midst of ongoing investigations into close allies of the president endangered everything that the Southern District of New York stands for and is a serious threat to the rule of law.
Two hundred thirty years ago, President George Washington appointed the first U.S. attorney to what is known today as the Southern District of New York. In his appointment letter, Washington wrote that "the high importance of the judicial system in our national government makes it an indispensable duty" to select people for the office who would always work to the "advantage" of their country. Two hundred thirty years later, our nation deserves to have these words ring as true today as they did then. The actions against Berman greatly threaten that ideal.
As the 61st U.S attorney to serve in the Southern District of New York, Berman is not the first to have refused to leave that office when fearing undue political influence. Robert M. Morgenthau refused to submit his resignation in 1968 when Richard Nixon was elected president, explaining he had "unfinished business" and that it was important to maintain the "political independence" of the office. Morgenthau believed that Nixon sought to prevent him from pursuing investigations that could prove embarrassing to the president and his friends. Morgenthau stayed as U.S. Attorney for a year until his successor, Seymour, was appointed. Today, with investigations pending that may impact the office of the president, the country deserves to have those matters pursued in the finest traditions of the Southern District of New York.
After Attorney General William Barr pivoted and appointed the existing deputy U.S. attorney in the Southern District, Audrey Strauss, to be the acting U.S. attorney, Berman again did the right thing by stepping down immediately and allowing Strauss to lead the office. Contrary to Barr's rebuke that Berman chose "public spectacle over public service," Berman's actions ensured that the important work of the office would continue under the steady and nonpartisan leadership of a faithful and committed public servant.
Berman's statement that he cherished working with the men and women of the office "to pursue justice without fear of favor" speaks volumes to all of us who have served there. These words are the very essence of what it means to be an assistant U.S. attorney in the Southern District of New York. Even though he will no longer be at the helm of the office, Berman's actions have ensured that the independence of the office he led is preserved and that ongoing investigations will indeed continue "without fear or favor." For that, he deserves our praise and a special place alongside Morgenthau in the history books.
Antonia M. Apps is a partner at Milbank and Carrie H. Cohen is a partner at Morrison & Foerster. Both are former assistant U.S. attorneys at the Southern District of New York.
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