He said they met shortly after noon on a Friday in Mr. Barr’s hotel suite.
“There were sandwiches on the table,” he said, “but nobody ate.”
According to Mr. Berman’s statement, Mr. Barr began by saying he wanted to make a change in the Southern District, and offered Mr. Berman the civil division post, which was opening up.
Mr. Barr said the move was prompted solely by Mr. Clayton’s desire to return to New York “and the administration’s desire to keep him on the team.”
Mr. Berman said he told Mr. Barr that Mr. Clayton was “an unqualified choice” for the Southern District U.S. attorney’s post because he had never been a federal prosecutor nor did he have criminal legal experience.
He also told Mr. Barr that he had no interest in overseeing the civil division or in resigning, Mr. Berman testified, saying that he loved his job and asking if Mr. Barr was in any way dissatisfied with his performance. Mr. Barr said he was not.
But he said Mr. Barr pressed him to take the civil division post, saying Mr. Berman could “sit there for five months and see who won the election before deciding what came next for me.”
Mr. Barr told him that if he did not resign, he would be fired, Mr. Berman said.
That evening, Mr. Berman said, Mr. Barr spoke with him briefly by phone, asking whether he would be interested in becoming chairman of the S.E.C. — the job Mr. Clayton held.