It’s
been one year since the Senate confirmed Merrick Garland to be attorney general.
During
his confirmation hearing, I outlined what a successful DOJ looks like, and what
I expected of him. I gave him the answers to the test.
By
this rubric, he has failed.
I
urged him to build off the successes from the previous Justice Department to
reduce violent crime, maintain the rule of law and protect our civil liberties.
But
violent crime continues to rise, the rule of law is undermined and our civil
liberties are endangered.
Instead
of condemning all violent crime, Attorney General Garland’s Justice Department
targets lawful gun owners and blames them for the rising murder rates,
carjackings and attacks against law enforcement.
But,
the explosion of crime in blue cities is actually tied to de-policing measures,
hiring progressive prosecutors and enacting disastrous bail reform policies.
Lawful gun owners aren’t to blame.
And
in the midst of a crime spike, a number of Biden appointments and judicial
nominees strongly backed by Attorney General Garland have supported radical
ideas in the past like defunding the police, or at least reducing funding for
police.
And,
some have even advocated not prosecuting certain crimes. How do you expect to
effectively fight crime with a lineup like that?
Instead
of tackling the opioid crisis, the Garland Justice Department wants to make it
easier for fentanyl traffickers to spread their poison. Fentanyl analogues are
responsible for most overdose deaths, and are lethal in tiny amounts. But
Garland and the Biden administration support eliminating mandatory minimums for
these fentanyl analogue dealers.
In
addition, Garland has wielded his power to undermine the rule of law and cave
to political pressures.
He
has summarily reversed a number of decisions issued by former Attorneys General
Sessions and Barr that helped enhance the integrity of our asylum system.
He’s
also issued memos, interpretations and filings to the Supreme Court that
contrast with previous DOJ positions.
For
example, his DOJ reinterpreted the law to make sure that inmates released to
home confinement under COVID relief stay there. His solicitor general also
switched positions on a cocaine sentencing case before the Supreme Court.
Both
of these policy outcomes align with my positions. I agree with the outcomes.
But his way of getting there is political. Rule of law must be consistent and
not political.
Garland’s
flip-flopping also jeopardizes our nation’s security.
Instead
of protecting the American people from the Chinese Communist Party’s espionage,
he disbanded the previous administration’s successful China Initiative.
This
program prioritized investigations of national security from China, which is
still a serious threat, given that the FBI opens a new Chinese espionage case
every 12 hours. So I don’t know why this would be disbanded. This move is
concerning and dangerous, and reflective of partisan pressures trumping smart
enforcement.
Also,
political decisions are getting in the way of consistent application of the
rule of law.
For
example, Garland’s DOJ is politically selective about which cases to pursue,
and which to dismiss. Despite the 100-night siege against the Portland
courthouse in 2020 and 96 charges brought against violent rioters, almost half
of those charges have been dismissed.
Compare
this to the DOJ’s own statement on the one year anniversary of January 6th: “The
Department of Justice’s resolve to hold accountable those who committed crimes
on January 6, 2021 has not, and will not, wane.”
Those
who break the law should be held accountable. And as our nation’s top law
enforcement officer, it’s incumbent on him to enforce the rule of law. He
cannot pick and choose when the rule of law is politically convenient or easy.
Under
Garland’s leadership, the DOJ is also undermining valuable civil rights.
In
fact, instead of prioritizing civil rights, Attorney General Garland has
chilled the speech of American parents. He sent a memo to the FBI and the U.S.
Attorneys to be on the lookout for upset parents at school boards. He did this
after the National School Boards Association suggested that some parents should
be branded domestic terrorists.
What’s
even worse is that the Secretary of Education may have asked the National
School Boards Association to write that awful letter, which the association
later apologized for. Garland says his memo was just about violence and threats
of violence, but sure enough, whistleblower reports show that the FBI’s
counterterrorism division was looking way beyond only violence and threats.
Parents’
ability to voice their concerns – especially now – is a precious right and
DOJ’s actions cannot chill such vital speech.
Also,
instead of being responsive, Attorney General Garland is evasive.
Last
year, I sent approximately 50 letters to the Department. That’s one third of
all letters they received from members of the Senate. When the Attorney General
told me that, I don’t think he meant it as a compliment.
I’ve
received letters in response. However, words on a piece of paper don’t make a
letter responsive.
Furthermore,
the Department has failed to provide responsive records to me with the
exception of one or two small productions.
By
way of example, I received a 30 page production from the Department. It
included improper FOIA redactions and failed to include the necessary
spreadsheets. Accordingly, that production is a failed production. Also, I’ve
repeatedly asked if Nicholas McQuaid is recused from the Hunter Biden criminal
case. Attorney General Garland refuses to say.
At
the Judiciary Committee’s October
27, 2021, Justice Department oversight hearing I said to Attorney General
Garland: “When I placed holds on your nominees for the Department’s failure to
comply with Republican oversight requests, I said either you run the Department
or the Department runs you. Right now, it looks like the Justice Department is
running you.”
That
statement still holds true.
Instead
of protecting the American people, the attorney general is sacrificing our
nation’s top law enforcement agency to politics during a violent crime spike.
Instead
of being a steward for our nation’s laws, he’s leading the charge in upending
the rule of law.
And
instead of fighting for civil rights, he’s chipping away at them.
Attorney
General Garland: there’s still time to change. There are three years left in
this administration’s term. I urge you to change course and bring the Justice
Department back to a place of leadership in reducing violent crime, maintaining
the rule of law and protecting our civil liberties.
