Merrick Garland’s Attorney General Confirmation Hearing: A Breakdown
From February 22 to February 23, the Senate Judiciary Committee held a hearing on the nomination of Judge Merrick Garland to the position of Attorney General in the Biden administration.
“I [am] dedicated to ensuring that the laws of our country are fairly and faithfully enforced, and the rights of all Americans are protected. I can assure you I do not regard myself as anything other than the lawyer for the people- I am not the president’s lawyer; I am the United States’ lawyer,” Garland stated in his opening remarks.
On day one of his hearing, Judge Garland explained that one of his top priorities will be prosecuting those who carried out the January 6, 2021 attack on the Capitol to the fullest extent of the law. He also wants to boost the morale of the Justice Department and stop the politicization of the federal government as a whole.
Republicans, including Senator Chuck Grassley (R-IA), questioned Judge Garland about the authenticity of U.S. Attorney John Durham’s investigation into issues related to the origins of the FBI’s Trump-Russia investigation, to which Judge Garland said he saw no reason to discontinue the probe. Judge Garland said, “I don’t have any reason from what I know now-which is really, really very little- to make any determination on that ground. But I don’t have any reason to think that he should not remain in place.”
Most nominees avoid making policy promises during their confirmation hearings and Judge Garland was no different, though he did articulate policy positions. For instance, when asked about the death penalty and his support of its use in the case of the Oklahoma City bomber in 1995, he said his views have changed since then. Garland now says he believes the death penalty disproportionately effects Black Americans and minority communities.
Senator Mike Lee (R-UT) asked Judge Garland about his views on the Second Amendment. In 2007, Judge Garland voted to rehear a D.C. Circuit decision striking down Washington’s ban on handguns. He supports universal background checks for gun owners in order to prevent convicted felons from getting weapons.
On day two of his hearing, several former federal judges spoke on behalf of Judge Garland. When asked by Senator John Cornyn (R-TX) about how Judge Garland should handle the Durham probe, retired US Federal Court of Appeals Judge Ken Starr said, “He should preserve, protect, and defend that investigation and to provide the assurances to Mr. Durham that that protection will proceed, so long as there is not good cause for his removal which of course would be a very daunting standard to me."
Several supporters of Judge Garland provided anecdotes attesting to his strong character and willingness to hold down rule of law. One instance was from Wade Henderson, the interim president and CEO of The Leadership Conference on Civil and Human Rights, who said “We need an attorney general who knows the Justice Department well and who will reinstate DOJ’s historic commitment to integrity, independence and vigorous civil rights enforcement. Merrick Garland would be such an Attorney General and it is therefore a fitting choice to lead the Justice Department this crucial moment."