Top DOJ Nominees Say They Will Prioritize the Independence of the Justice Department at Hearing

Two top Department of Justice (DOJ) nominees, deputy attorney general nominee Lisa Monaco and associate attorney general nominee Vanita Gupta, attended a joint confirmation hearing in front of the Senate Judiciary Committee on March 9, 2021.

The next day, on March 10, 2021, the Senate voted to confirm Merrick Garland as Attorney General in a 70 to 30 vote, with 20 Republicans joining Democrats to support him. Senator Dick Durbin (D-IL) said of his confirmation, “Attorney General Garland will lead the Department of Justice with honesty and integrity. He has a big job ahead of him, but I can’t think of anyone I’d rather have in his place.”

Both nominees asserted the importance of reaffirming the independence of the Justice Department in light of recent concerns that it can be used as a political tool. Both Gupta and Monaco asserted that they would make this independence a high priority goal during their tenure and Gupta furthered that she would determine what is “mobilizing people to violence.”

During the hearing, Gupta came under fire by Republicans, including ranking member Chuck Grassley (R-IA), who asked her about her advocacy as a strong liberal who consistently attacked the Trump administration. Senator Grassley said, “Ms. Gupta has, in fact, launched Twitter attacks on some [Republicans] directly. Will that kind of partisan political advocacy affect her legal advocacy in the where she represents all Americans?”

Gupta’s list of tweets targeting Republicans is long, including calling Justice Amy Coney Barrett, "illegitimate” and Justice Kavanaugh "a privileged lifelong partisan.” In response to claims that these tweets reflect a partisan ideology, Gupta responded “I wish I could take it back, but I can't."

As the hearing progressed, Gupta responded that she does not support defunding the police, but she supports investing in community resources for mental illness and drug addiction. Furthermore, she supports additional training and equipment for police to include body cameras, crime data analysis, and officer wellness programs.

Judiciary Committee Chairman Durbin applauded Gupta for her for her work in overturning wrongful convictions involving more than 40 people accused of drug crimes. Patrick Yoes, president of the Fraternal Order of Police, said of Gupta in a letter to the Senate panel, “She always worked with us to find common ground even when that seemed impossible. Although in some instances our disagreements remain, her open and candid approach has created a working relationship that is grounded in mutual respect and understanding.”

Monaco, who was the White House homeland security adviser in the Obama administration and, if confirmed, would hold the second highest position in the Department of Justice, stated during the hearing that she plans to “affirm the values of the Department of Justice without fear or favor."

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