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It’s often said that the attorney general has two goals—keep the DOJ apolitical and prosecute the former president—but the aims, says a noted historian, are complementary and essential.
As the January 6 Committee hearings reveal shocking evidence about Donald Trump’s efforts to overturn the 2020 election, pressure is mounting on Attorney General Merrick Garland and the Department of Justice to prosecute the former president. The public conversation has revolved around what are often thought to be two competing interests: Garland’s efforts to depoliticize the DOJ and his duty to uphold the law.
This framing pits the two aims against one another. But historic parallels demonstrate that this is the wrong way to think about the DOJ’s future. Garland cannot restore the integrity of the department without prosecuting Trump and his allies.
When President Joe Biden considered candidates for attorney general, he selected Garland to “restore the honor, the integrity, the independence of [the] Department of Justice in this nation.” Trump’s politicization and machinations had badly undermined the department. We knew about his firing of Jeff Sessions because the former Alabama senator recused himself from the Russia investigation and his dismissal of William Barr for his assertion that there had been no meaningful fraud in the 2020 election.
The January 6 Committee has revealed further details on Trump’s efforts to install a mid-level environmental attorney as attorney general because he would go along with the efforts to overturn the election. Biden understandably wanted an end to politicization and named the widely respected Garland as his nominee. But the president-elect did so the day after the January 6 attack, meaning Garland would be tasked with prosecuting those who had attempted fraud against the U.S. government, culminating in the insurrection.
Garland is particularly well suited for the first goal. He embodies the values that make up judicial temperament, defined by the American Bar Association as “compassion, decisiveness, open-mindedness, sensitivity, courtesy, patience, freedom from bias and commitment to equal justice.” Since taking office, he has made major strides in improving public respect for the DOJ and morale within the department.
He has restored many norms that were broken during the Trump presidency, including avoiding political rhetoric, leaving line prosecutors to do their jobs, and defending career staffers. Garland’s prosecution of the Oklahoma City bombing case led to his DOJ tenure during the Bill Clinton years.
His time on the D.C. Circuit Court of Appeals, the nation’s second-highest court, earned him plaudits as a moderate voice by Republicans and Democrats alike, which is why President Barack Obama nominated him for the Supreme Court. Garland was the victim of brute politics and surely wants to avoid it as attorney general.
https://washingtonmonthly.com/2022/...6-to-restore-faith-in-the-justice-department/
As the January 6 Committee hearings reveal shocking evidence about Donald Trump’s efforts to overturn the 2020 election, pressure is mounting on Attorney General Merrick Garland and the Department of Justice to prosecute the former president. The public conversation has revolved around what are often thought to be two competing interests: Garland’s efforts to depoliticize the DOJ and his duty to uphold the law.
This framing pits the two aims against one another. But historic parallels demonstrate that this is the wrong way to think about the DOJ’s future. Garland cannot restore the integrity of the department without prosecuting Trump and his allies.
When President Joe Biden considered candidates for attorney general, he selected Garland to “restore the honor, the integrity, the independence of [the] Department of Justice in this nation.” Trump’s politicization and machinations had badly undermined the department. We knew about his firing of Jeff Sessions because the former Alabama senator recused himself from the Russia investigation and his dismissal of William Barr for his assertion that there had been no meaningful fraud in the 2020 election.
The January 6 Committee has revealed further details on Trump’s efforts to install a mid-level environmental attorney as attorney general because he would go along with the efforts to overturn the election. Biden understandably wanted an end to politicization and named the widely respected Garland as his nominee. But the president-elect did so the day after the January 6 attack, meaning Garland would be tasked with prosecuting those who had attempted fraud against the U.S. government, culminating in the insurrection.
Garland is particularly well suited for the first goal. He embodies the values that make up judicial temperament, defined by the American Bar Association as “compassion, decisiveness, open-mindedness, sensitivity, courtesy, patience, freedom from bias and commitment to equal justice.” Since taking office, he has made major strides in improving public respect for the DOJ and morale within the department.
He has restored many norms that were broken during the Trump presidency, including avoiding political rhetoric, leaving line prosecutors to do their jobs, and defending career staffers. Garland’s prosecution of the Oklahoma City bombing case led to his DOJ tenure during the Bill Clinton years.
His time on the D.C. Circuit Court of Appeals, the nation’s second-highest court, earned him plaudits as a moderate voice by Republicans and Democrats alike, which is why President Barack Obama nominated him for the Supreme Court. Garland was the victim of brute politics and surely wants to avoid it as attorney general.
https://washingtonmonthly.com/2022/...6-to-restore-faith-in-the-justice-department/
