In a significant turn of events for the Justice Department, President-elect Joe Biden announced Merrick Garland as his nominee for Attorney General just a day after the Capitol riots that disrupted the peaceful transition of power.
During a press conference on January 7, 2021, Biden hailed Garland as a figure of integrity and commitment who would prioritize the rule of law over political interests. He emphasized Garland’s role in restoring the DOJ’s independence from presidential influence.
Now, as Garland approaches the end of his tenure, the political landscape has become increasingly polarized, with figures from both the Biden and Trump camps expressing dissatisfaction. The violent events of January 6 and their aftermath have been pivotal in shaping Garland’s legacy, marking a defining moment in his public service career.
Experts like Alex Aronson, a former Justice Department lawyer, argue that Garland entered office intending to preserve institutional values, yet misjudged the severity of the threats posed to democracy by Trump and his supporters. According to Aronson, many Democrats underestimated the difficulties of reinstating pre-Trump norms in a changed political climate.
Restoring Public Trust
Garland took charge of a Justice Department seeking to distance itself from the controversies of the Trump administration, where the FBI faced intense scrutiny and accusations of bias.
Paul Butler, a Georgetown law professor, underscored the importance of appointing a leader with integrity to restore the DOJ’s credibility. Meanwhile, law professor Melissa Murray noted that Garland’s deliberate approach is a reflection of his judicial background and commitment to a clear separation from political agendas.
Biden’s decision to nominate Garland was strategic, given his respected legal background and history of upholding impartiality. Early in his tenure, Garland dedicated significant time to preparing for Congressional oversight, signaling his commitment to transparency and accountability.
Challenges facing Garland’s office have been unprecedented. From managing the extensive investigation into the Capitol riots—which involved over 1,500 prosecutions for various offenses—to overseeing multiple special counsels examining potential wrongdoing by President Biden and his son Hunter, Garland’s responsibilities have intensified.
The Justice Department’s investigations have also led to unusual legal precedents, including Donald Trump facing historic criminal charges for actions during and post-presidency. Nevertheless, challenges remain, particularly as some of these cases may not see resolution until after key upcoming elections.
Continual Scrutiny
Garland has faced criticism for the pace of investigations, with critics suggesting a need for swifter action. However, many legal experts advocate for the methodical approach taken by the DOJ, emphasizing the necessity of thorough investigations to uncover the truth effectively.
Amid these complexities, the Supreme Court has also weighed in, granting significant legal protections to Trump. With the future of several high-profile cases unclear, the DOJ must navigate both legal and political landscapes as the nation heads toward crucial elections.
Kristy Parker, a former DOJ prosecutor, points out that while there are high expectations for the justice system, it is essential to recognize its limitations in addressing broader political issues. Garland’s administration may soon reach a crossroads, with questions emerging about his continuity in the role should there be a change in the presidency.
On a recent occasion, Garland passionately reaffirmed the DOJ’s commitment to protecting its investigations from political pressures, emphasizing that the department will not serve as a political tool. The public’s response will ultimately shape the future of these norms that Garland has strived to uphold.
