Topline
The Senate on Wednesday confirmed Circuit Court Judge Merrick Garland as attorney general by a vote of 70-40, with many Republicans voting in favor of his nomination – and he comes into office with a “long list” of priorities, senators say.
WASHINGTON, DC - FEBRUARY 22: Attorney General nominee Merrick Garland puts on a protective mask ... [+]
Key Facts
Garland said during his confirmation hearings he plans to make the probe into the Jan. 6 attack on the Capitol “one of the very first things” he tackles after taking office, calling it a “heinous attack.”
That vibes with Sen. Richard Blumenthal (D-Conn.), who told Forbes he agrees with Garland that going after domestic terrorism and violent extremism should take precedence in the wake of the attack.
But some Democratic senators who voted to confirm Garland want him to address a wide range of issues, with Sen. Brian Schatz (D-Hawaii) calling for a “revival” of the DOJ’s civil rights division and Sen. Alex Padilla (D-Calif.) advocating increased focus on voting rights and environmental protection to “recover from the last four years.”
Lower on Garland’s list will likely be illegal immigration – Sen. Tom Cotton (R-Ark.) pointed to his alleged dodges on questions about the issue as justification for blocking a quick confirmation for Garland.
Sens. Ted Cruz (R-Texas) and Josh Hawley (R-Mo.) both expressed hope Garland will change his tune on immigration while they echoed Democratic calls for Garland to be non-political, with Cruz calling for him to avoid “weaponizing” the DOJ the way it was “weaponized to attack the political opponents of the Obama administration.”
Garland is also expected to grapple with the Trump administration’s legacy on law enforcement – particularly their “tough on crime” policies, some of which Biden has already rolled back by executive action – and determine whether to pursue a criminal probe of the former president, all while avoiding the appearance of politicization.
Chief Critic
Cruz said he was “deeply disappointed” by Garland’s performance in confirmation hearings, taking aim at his refusal to commit to not firing John Durham, who was tapped by the Trump administration to investigate the origins of the Trump-Russia probe. “He refused to commit to following the same standards of integrity that Bill Barr committed to,” Cruz said.
Key Background
The depoliticization of the Justice Department was a central Biden campaign promise and one that Garland reiterated during his confirmation process. “The Justice Department has turned into the president’s private law firm,” Biden said on the campaign trail in September. “I’m not gonna pursue prosecuting anybody, I’m gonna do what the Justice Department says should be done and not politicize it.”
Surprising Fact
Among the Republicans who voted for Garland were a number who denied him so much as a hearing when he was nominated for the Supreme Court in 2016, including Senate Minority Leader Mitch McConnell and former Senate Judiciary Chair Lindsey Graham, both of whom have voted to confirm the majority of Biden’s nominees so far.
