Attorney General Merrick B. Garland Faces Political Controversies in Pursuit of Judicial Independence
Attorney General Merrick B. Garland, known for his pursuit of prosecutorial and judicial independence, has found himself embroiled in a series of political controversies over the past seven years. Despite his efforts to transcend partisan combat, Garland has faced numerous challenges that have tested his resolve.
The first major controversy occurred in 2016 when Garland, a widely regarded moderate appellate judge, was nominated by President Barack Obama for the Supreme Court. However, Senate Republicans blocked his nomination in a brazen power play to stack the court with conservatives. This setback marked the beginning of Garland’s political troubles.
In January 2021, as Garland prepared for his confirmation hearings as attorney general, chaos erupted when Trump loyalists stormed the Capitol. This unexpected event disrupted his plans for a return to “norms” and “regular order” at the Justice Department. Despite the turmoil, Garland assumed office two months later.
Since taking office, Garland has faced unrelenting turmoil. He oversaw two federal indictments of former President Donald J. Trump and one against President Biden’s son, Hunter Biden. Additionally, he appointed a special counsel to investigate the improper retention of classified documents by President Biden. These controversies have placed Garland at the center of the political storm.
Garland’s journey to the attorney general’s office started in Chicago, where he was born to middle-class Jewish parents. He attended Harvard, receiving undergraduate and law degrees. He then embarked on a classic Washington trajectory, working as a clerk for liberal Supreme Court Justice William J. Brennan Jr. and as a special assistant to Attorney General Benjamin R. Civiletti in the Carter administration.
Garland’s rise continued as he served as an assistant U.S. attorney in the Washington office and held various top department posts in the late 1980s and mid-1990s. In 1994, he became the principal deputy attorney general, overseeing domestic terrorism cases, including the Oklahoma City bombing. Garland personally represented the government at preliminary hearings for Timothy J. McVeigh and Terry L. Nichols, who were ultimately convicted.
In 1995, President Bill Clinton nominated Garland to the U.S. Court of Appeals for the District of Columbia Circuit. There, he established a reputation as a strong advocate for First Amendment rights with a pro-law enforcement stance. Notably, Garland was part of an appellate panel that ruled federal courts did not have standing to hear challenges from detainees at the Guantánamo Bay detention facility in Cuba.
As attorney general, Garland has prioritized bolstering the Department of Justice’s civil rights and environmental divisions while restoring stability among line prosecutors. However, his tenure has been greatly influenced by former President Trump and the events of January 6, 2021.
The monumental task of prosecuting over 1,000 cases stemming from the Capitol attack has dominated much of Garland’s tenure. In August 2022, he authorized a search of Trump’s Florida estate, Mar-a-Lago, to retrieve sensitive government documents the former president had refused to return. In November, Garland appointed a special counsel to oversee both the investigation into Trump and the election inquiry, resulting in two indictments against Trump.
Garland’s actions have drawn criticism from both the right and the left. While targeted by the right for his handling of the Trump prosecutions, he has faced intense scrutiny from the left, particularly regarding the perceived sluggish pace of these investigations.
As Attorney General Merrick B. Garland continues to navigate the complexities of his role, it remains to be seen how he will weather future political storms and uphold his commitment to prosecutorial and judicial independence.