1 00:00:00,040 --> 00:00:02,000 Speaker 1: And now is time for our daily Bloomberg Law be 2 00:00:02,000 --> 00:00:04,520 Speaker 1: reef exploring legal issues and the news. It's brought to 3 00:00:04,600 --> 00:00:09,240 Speaker 1: you by American Arbitration Association. Business disputes are inevitable, resolve 4 00:00:09,280 --> 00:00:13,039 Speaker 1: faster with the American Arbitration Association, the global leader and 5 00:00:13,080 --> 00:00:16,599 Speaker 1: alternative dispute resolution for over ninety years. More at a 6 00:00:16,720 --> 00:00:19,880 Speaker 1: dr dot org. Today Bloomberg La host Jun Grasso and 7 00:00:19,920 --> 00:00:23,200 Speaker 1: Michael Best discussed the firing of former U S Attorney 8 00:00:23,440 --> 00:00:26,680 Speaker 1: Breed Barra, who was relieved of his position after refusing 9 00:00:26,720 --> 00:00:30,280 Speaker 1: the Department of Justice's request for his resignation. They speak 10 00:00:30,280 --> 00:00:32,720 Speaker 1: with Robert Mints, a partner at mcarter and English, and 11 00:00:32,920 --> 00:00:37,680 Speaker 1: Carry Cohen, a partner at Morrison Forster. Bob. There is 12 00:00:37,680 --> 00:00:41,720 Speaker 1: a distinction, though it may seem trivial, between resigning at 13 00:00:41,720 --> 00:00:45,600 Speaker 1: the president's request and forcing the president to fire. You 14 00:00:46,240 --> 00:00:49,199 Speaker 1: explain what the difference is. Basically, all the U S 15 00:00:49,200 --> 00:00:51,680 Speaker 1: attorneys around the country serve at the pleasure of the 16 00:00:51,760 --> 00:00:55,640 Speaker 1: president and its typical for there to be a change 17 00:00:55,720 --> 00:00:59,000 Speaker 1: in office when there is a change in administration. So 18 00:00:59,160 --> 00:01:01,240 Speaker 1: what has happened in the pass is that when a 19 00:01:01,280 --> 00:01:05,040 Speaker 1: new president comes in um particularly from a different political 20 00:01:05,120 --> 00:01:08,440 Speaker 1: party that the existing U S Attorneys are expected to 21 00:01:08,520 --> 00:01:11,560 Speaker 1: at some point submit their resignations. There have been some 22 00:01:11,640 --> 00:01:16,080 Speaker 1: instances where people in the Department of Justice have refused 23 00:01:16,080 --> 00:01:20,160 Speaker 1: to submit their resignations when requested, and that forces the 24 00:01:20,280 --> 00:01:24,160 Speaker 1: Department of Justice to fire them. That has generally happened 25 00:01:24,600 --> 00:01:28,440 Speaker 1: where they are trying to make a statement of on principle, 26 00:01:28,760 --> 00:01:32,440 Speaker 1: where they believe they're being asked to do something that 27 00:01:32,560 --> 00:01:36,520 Speaker 1: they cannot do for legal or principal reasons, and although 28 00:01:36,520 --> 00:01:38,640 Speaker 1: they know the result will be the same that they 29 00:01:38,640 --> 00:01:42,680 Speaker 1: will lose their job, they believe this is now speaking broadly, 30 00:01:42,720 --> 00:01:46,640 Speaker 1: but in most instaces, the individuals believe that if they resign, 31 00:01:46,840 --> 00:01:49,960 Speaker 1: they are somehow complicit in enforcing some type of policy 32 00:01:50,000 --> 00:01:52,520 Speaker 1: that they that they disagree with, so they force the 33 00:01:52,560 --> 00:01:55,800 Speaker 1: Department of Justice the Attorney General to fire them rather 34 00:01:55,880 --> 00:01:59,600 Speaker 1: than submit their resignation willingly carry This situation is a 35 00:01:59,600 --> 00:02:02,920 Speaker 1: little bit unusual in that it was widely publicized that 36 00:02:02,960 --> 00:02:06,240 Speaker 1: President Trump had asked pre Berard to stay on, and 37 00:02:06,320 --> 00:02:08,680 Speaker 1: now you have the Justice Department asked him to resign 38 00:02:08,760 --> 00:02:11,840 Speaker 1: him refusing to do so. Is the President's change of 39 00:02:11,960 --> 00:02:15,639 Speaker 1: my apparent change of mind here good enough reason for 40 00:02:15,760 --> 00:02:18,239 Speaker 1: somebody like Berrar to say, I just refused to submit 41 00:02:18,280 --> 00:02:21,919 Speaker 1: my resignation. I think this is a unique circumstance where 42 00:02:22,600 --> 00:02:25,560 Speaker 1: pre was specifically asked by this president if he would 43 00:02:25,600 --> 00:02:29,320 Speaker 1: stay on, was asked to tell the media at Trump 44 00:02:29,360 --> 00:02:32,360 Speaker 1: Tower that he was asked to stay on, and then 45 00:02:33,120 --> 00:02:35,800 Speaker 1: you know, abrupt change of course a few months later, 46 00:02:36,040 --> 00:02:39,800 Speaker 1: which gives I think the public a sense what would 47 00:02:39,880 --> 00:02:44,840 Speaker 1: change your mind and intervening months and is worrisome to 48 00:02:44,960 --> 00:02:47,959 Speaker 1: the public because of course politics should not play any 49 00:02:48,040 --> 00:02:51,840 Speaker 1: role in the Justice Department and in choosing U S 50 00:02:51,880 --> 00:02:55,920 Speaker 1: attorneys as Karrie Cohen, a partner at Morrison Forrester, and 51 00:02:56,000 --> 00:02:58,679 Speaker 1: Robert Mints, a partner at McCarter and English speaking with 52 00:02:58,720 --> 00:03:01,520 Speaker 1: Bloomberg Law host you Grosso. You can listen to Bloomberg 53 00:03:01,560 --> 00:03:03,960 Speaker 1: Law weekdays at one pm Wall Street Time here on 54 00:03:04,000 --> 00:03:07,040 Speaker 1: Bloomberg Radio and Now. Among the top legal stories from 55 00:03:07,080 --> 00:03:10,520 Speaker 1: Bloomberg Law, the Obama administration in its final year in office, 56 00:03:10,680 --> 00:03:13,680 Speaker 1: spent a record thirty six million dollars on legal costs 57 00:03:13,880 --> 00:03:17,120 Speaker 1: defending its refusal to turnover federal records out of the 58 00:03:17,120 --> 00:03:19,880 Speaker 1: Freedom of Information Act. That's according to the Associated Press, 59 00:03:19,880 --> 00:03:22,920 Speaker 1: which says the administration set a record for times. Federal 60 00:03:22,919 --> 00:03:26,840 Speaker 1: employees told citizens, journalists, and others that they couldn't find 61 00:03:26,880 --> 00:03:31,480 Speaker 1: a single page of files that were requested. Washington State 62 00:03:31,520 --> 00:03:34,359 Speaker 1: has foiled a motion to help President Trump's new travel ban. 63 00:03:34,520 --> 00:03:37,840 Speaker 1: The state's attorney general argues that the president was stopped 64 00:03:37,840 --> 00:03:40,880 Speaker 1: from enforcing the original ban, so an amended version should 65 00:03:40,920 --> 00:03:43,840 Speaker 1: also be stopped by the court. Washington State has been 66 00:03:43,880 --> 00:03:47,320 Speaker 1: joined by Hawaii, New York, California, and Massachusetts and trying 67 00:03:47,320 --> 00:03:49,320 Speaker 1: to block the travel order. The ban is scheduled to 68 00:03:49,360 --> 00:03:53,280 Speaker 1: take effect Thursday. And that's this morning's Bloomberg Law Brief. 69 00:03:53,480 --> 00:03:55,880 Speaker 1: You can find more legal news at Bloomberg law dot 70 00:03:55,880 --> 00:03:59,280 Speaker 1: com and Bloomberg b NA dot com. Attorneys will find 71 00:03:59,280 --> 00:04:02,839 Speaker 1: exceptional league of research and business development tools there as well. 72 00:04:03,200 --> 00:04:07,120 Speaker 1: Visit Bloomberg Law dot com and Bloomberg BNA dot com 73 00:04:07,280 --> 00:04:08,160 Speaker 1: for more information