The day following the disruption of the peaceful transfer of power at the U.S. Capitol by rioters, the newly elected president introduced his nominee to head the Justice Department.
At a news conference on January 7, 2021, President Joe Biden described Merrick Garland as a figure of character and decency, asserting that Garland would serve as a lawyer for the people rather than the president. Biden expressed confidence that Garland would restore the Department of Justice’s (DOJ) independence from the White House.
Over three years later, Garland’s efforts to separate politics from law have distanced him from Biden, former President Donald Trump, and their respective supporters. The violent events of January 6, and the response to those responsible, are expected to significantly impact Garland’s legacy in what is considered his final public service role.
Alex Aronson, a former Justice Department lawyer and Democratic Senate aide, described Garland as an “institutionalist” committed to preserving institutional values. However, Aronson, now an executive director at Court Accountability, criticized Garland and Biden for underestimating the ongoing threat to democracy posed by Trump and his supporters. According to Aronson, reinstating pre-Trump era norms is unrealistic given the historical moment.
Garland took over a Justice Department that had faced severe criticism under Trump, who had fired the FBI director, criticized career public servants investigating his campaign’s ties to Russia, called for probes into his political opponents, and threatened to replace the acting Attorney General with someone who supported false election fraud claims.
Paul Butler, a Georgetown University law professor, noted that succeeding Trump’s attorneys general, who were criticized for bias, necessitated a DOJ leader perceived as beyond reproach. Melissa Murray, a law professor at New York University, pointed out that Garland’s judicial background ensured a deliberate and judicious approach, essential for maintaining the DOJ’s independence.
Garland’s nomination was purposefully chosen by Biden’s team due to his 40-year career and distance from politics. Garland’s commitment was evident in his meticulous preparation for Congressional oversight hearings. Peter Keisler, an appellate lawyer and former acting Attorney General, endorsed Garland’s intelligence, judgment, and dedication to public service, highlighting the inherent tough decisions required by the role.
Garland’s tenure has been marked by an overwhelming array of legal challenges. The DOJ undertook the largest federal criminal investigation in history, involving about 1,500 cases against Capitol rioters and those engaged in seditious conspiracy. Additionally, investigations extended to President Biden and his son, Hunter Biden, over classified documents and other legal issues.
Special counsels ultimately charged former President Trump with federal crimes, marking the first instance of such charges against a former president, though conservative courts limited these actions. Despite Garland’s insistence on the urgency of the investigation, critics argue that the methodical pace impeded timely accountability.
Tim Heaphy, who served as chief investigative counsel for the House Select Committee on Trump’s efforts to retain power, criticized the DOJ for its slow pace in interviewing key witnesses. Conversely, former U.S. attorney Chuck Rosenberg and Keisler defended the comprehensive investigative approach, emphasizing the necessity of thoroughness.
The conservative Supreme Court’s decision to grant substantial immunity to Trump from prosecution highlights future presidents’ significant influence over the DOJ. If the election interference case survives the upcoming election, it may not reach trial until 2026.
Kristy Parker, a former DOJ prosecutor now with Protect Democracy, emphasized that criminal prosecutions can only seek accountability for specific legal violations and cannot address broader political issues.
As Garland’s term potentially draws to a close, his future remains uncertain. His recent speech defending DOJ investigations from political interference highlighted his commitment to upholding DOJ norms, drawing emotional applause from his audience.
Ultimately, it will be up to voters to decide the future of these fundamental norms and whether Trump may return to the White House.
