Garland Tiptoes Around GOP Land Mines

February 22, 2021
Merrick Garland. Getty images/TPM illustration
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February 22, 2021

Judge Merrick Garland bobbed and weaved around several GOP gripes about the Justice Department under previous Democratic administrations during what has so far been a crisp confirmation hearing for the attorney general nominee.

After the top Republican on the committee signaled that there would be bipartisan support for his confirmation, Garland — who was boxed out by Republicans for a Supreme Court seat during the Obama presidency — is on a glide path to becoming attorney general.

So far, Republicans have brought up many of their pet issues about the Justice Department, with questions about the Durham review of the Russia investigation, use of the death penalty, gun rights and immigration enforcement. But they haven’t dwelled on Garland’s dodges or pushed him too hard when he danced around some of their questions.

Garland, currently a judge on the the U.S. Court of Appeals for the D.C. Circuit, has earned bipartisan respect for both his middle-of-the-road judicial approach and his record earlier in his career as a Justice Department prosecutor.

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What To Expect

  • Right-wing extremism and the Capitol attack loom large: During the Clinton administration, Garland served at the upper ranks of the Department and led its response to the 1995 Oklahoma City bombing, an episode he discussed during his testimony Tuesday.
  • Questions are expected to continue through Monday, possibly into the evening. If needed, senators will continue questions on Tuesday.
  • Garland looks poised for confirmation after Sen. Chuck Grassley (R-IA), the top Republican on the committee, signaled his support on Monday morning.
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Judge Merrick Garland bobbed and weaved around several GOP gripes about the Justice Department under previous Democratic administrations during what has so far been a crisp confirmation hearing for the attorney general nominee.

After the top Republican on the committee signaled that there would be bipartisan support for his confirmation, Garland — who was boxed out by Republicans for a Supreme Court seat during the Obama presidency — is on a glide path to becoming attorney general.

So far, Republicans have brought up many of their pet issues about the Justice Department, with questions about the Durham review of the Russia investigation, use of the death penalty, gun rights and immigration enforcement. But they haven’t dwelled on Garland’s dodges or pushed him too hard when he danced around some of their questions.

Garland, currently a judge on the the U.S. Court of Appeals for the D.C. Circuit, has earned bipartisan respect for both his middle-of-the-road judicial approach and his record earlier in his career as a Justice Department prosecutor.

Follow our coverage below.

Notable Replies

  1. Finally, some supreme justice at DOJ.

  2. Is there any information that indicates Garland would NOT be confirmed? Is there a struggle with this one like there is with OMB?

    I mean, nothing is a slam dunk, but…

  3. Avatar for jm_tpm jm_tpm says:

    Given Mr. Trump’s paranoia and projection, I am sure that he fears Judge Garland more than any other prospective member of the Biden cabinet.

  4. No doubt in my mind about that. But there are some GOP that don’t care about Trump (granted, darned few, but there will be a couple). I’m just not hearing the nonsense, e.g., from Susan Collins about temperament, when it comes to Garland.

    I don’t have a problem either with the GOP demanding an investigation into Cuomo and his handling of the NY pandemic stuff. As with Benghazi and all the rest of the nonsense, it will ultimately be determined by the State and the Feds that he did the best he could in spite of the previous administration’s obstruction. I would like to see the DOJ be able to walk and chew gum at the same time and both investigations can take place simultaneously.

    Bring it, Merrick.

  5. Avatar for tao tao says:

    Garland plans to tell lawmakers: “Communities of color and other minorities still face discrimination in housing, education, employment, and the criminal justice system; and bear the brunt of the harm caused by pandemic, pollution, and climate change.”

    Does any one still wonder why Moscow Mitch has worked so hard to block and delay Judge Garland?

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