Geoffrey Berman stepped aside from the powerful Manhattan federal prosecutor’s office after President Trump fired him Saturday.
Photo: johannes eisele/Agence France-Presse/Getty ImagesThe day before Attorney General William Barr abruptly announced plans to replace Geoffrey Berman as the Manhattan U.S. Attorney, supervisors in Mr. Barr’s Justice Department asked Mr. Berman to sign a letter criticizing New York Mayor Bill de Blasio for the city’s enforcement of social-distancing rules to block religious gatherings but not recent street protests, people familiar with the matter said.
Mr. Berman refused to sign the letter Thursday, after engaging in a brief back-and-forth drafting process, the people said. Mr. Berman voiced strong objections to the letter, particularly its assertions that Mr. de Blasio imposed a double standard, and described the letter as a political stunt that would strain relations between his office and the city, two of the people said.
The letter, which was meant to be signed by the head of the Justice Department’s civil-rights division, Eric Dreiband, and Mr. Berman, was sent Friday, a department official said. Only Mr. Dreiband signed the letter, which was reviewed by The Wall Street Journal.
It isn’t known what role, if any, the letter played in the subsequent standoff between Messrs. Barr and Berman that began on Friday night and ended about 18-hours later with Mr. Berman stepping aside from the powerful Manhattan federal prosecutor’s office after President Trump fired him.
Mr. Barr didn’t have a direct role in discussions with Mr. Berman over the letter, the people said.
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Justice Department officials and Mr. Barr’s associates have repeatedly said that no single incident prompted Mr. Berman’s removal from the office, which in recent years has led investigations into some of Mr. Trump’s closest allies.
A spokesman for the Manhattan U.S. Attorney declined to comment. A spokesman for Mr. Dreiband didn’t immediately respond to a request for comment.
But two people familiar with the matter said Mr. Berman’s refusal aggravated Mr. Barr, who already viewed Mr. Berman as obstinate and difficult to work with. He had been seeking a replacement for Mr. Berman, and when he learned in recent weeks that Securities and Exchange Commission Chairman Jay Clayton was interested in the top prosecutor’s job he agreed that putting him in that role was a good idea, people familiar with that decision said.
A Justice Department official disagreed with the contention, stating that Mr. Barr didn’t know about the letter.
Mr. Berman and Mr. Barr met in New York Friday afternoon, and it couldn’t be determined if the letter was raised. Mr. Barr, who was in New York to talk with local police and other law-enforcement officials, offered Mr. Berman jobs taking Mr. Clayton’s place at the helm of the SEC or leading the Justice Department’s civil division, Mr. Barr has said.
Later Friday, Mr. Barr tried to reach Mr. Berman on his cellphone, people familiar with the matter said. Then, shortly after 9 p.m., Mr. Barr put out a press release saying Mr. Berman had stepped down and laying out plans for his replacement. The news surprised Mr. Berman, who refused to leave until Mr. Barr sent him a letter Saturday telling him the president had fired him and calling his refusal to leave a “public spectacle.” Mr. Barr installed Mr. Berman’s deputy in his place, pending Mr. Clayton’s confirmation.
The proposed letter to Mr. de Blasio came from the office of Mr. Dreiband, head of the Justice Department’s civil-rights division. The letter criticized Mr. de Blasio for a perceived double standard in the enforcement of social-distancing rules, to the detriment of religious groups. Mr. de Blasio, a Democrat, had come out strongly against large religious gatherings—including Orthodox Jewish funerals—during the city’s coronavirus lockdown earlier this spring, but subsequently allowed protests against police violence across the city.
The issue is a priority for Mr. Barr, a devout Catholic, who has urged the Justice Department to support groups who argue state and local coronavirus restrictions violate their civil rights, namely their right to worship. Under his leadership the civil-rights division has inserted itself into several lawsuits on behalf of churches and religious groups, and Mr. Barr himself has publicly railed against policies he says favor secular gatherings.
Mr. de Blasio’s office confirmed receipt of the letter. “Our focus has remained steadfast on fighting Covid, protecting New Yorkers, and restarting our city. That unapologetic drive took New York City from the epicenter of a global pandemic to back in business—all without the resurgence other states are now battling,” said a spokeswoman for Mr. de Blasio.
White House press secretary Kayleigh McEnany said Mr. Trump approved the firing of Mr. Berman, while Mr. Barr took the lead on the matter.
“He was involved in a sign-off capacity,” she said Monday at a press briefing, adding that the president and attorney general were “working in sync” over the weekend.
Mr. Berman was removed because the White House wanted to install Mr. Clayton in the role, she said. Ms. McEnany said the move wouldn’t affect ongoing investigations.
Write to Sadie Gurman at sadie.gurman@wsj.com and Rebecca Davis O’Brien at Rebecca.OBrien@wsj.com
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