Garland's Silence: Congress' Lawbreaking?

Merrick Garland, the former US Attorney General, has been accused of partisanship and corruption by some, while others laud his commitment to justice and apolitical decision-making. In his farewell address, Garland emphasised his pursuit of justice and his commitment to upholding norms and values. However, critics from both sides of the political spectrum have accused him of either weaponising or refusing to weaponise the Justice Department. The controversy surrounding Garland's tenure as Attorney General has sparked debates about the independence of the Justice Department and its role in protecting civil rights and ensuring equal justice under the law. With ongoing investigations and legal proceedings, the question of whether Congress broke the law by not hearing Merrick Garland remains a complex and divisive issue.

Merrick Garland's farewell speech as Attorney General

Attorney General Merrick Garland's Farewell Speech

My fellow Americans,

I stand before you today filled with emotion, reflecting on my time as your Attorney General. It has been the greatest honour of my life to serve this nation, upholding the rule of law and protecting the civil rights of all our citizens. I am proud of what we have achieved together, and I am grateful for the dedication and professionalism of the men and women of the Justice Department, who work tirelessly to ensure that justice is served.

When I accepted the nomination for this role, I vowed to oversee vigorous prosecution of those who threatened our democracy, and I believe we have done that. We have charged over 1,500 individuals involved in the January 6th attack on the Capitol, bringing to justice those who sought to undermine our democratic process. We pursued accountability for that attack on our democracy wherever it led, guided only by our commitment to following the facts and the law.

I also pledged to protect equal justice under the law and to reinvigorate the Civil Rights Division. We have made significant strides in this regard, addressing issues such as police misconduct, voting rights, and discrimination. We have emphasised the protection of civil rights for all, regardless of race, religion, or sexual orientation.

In addition, we have taken steps to address the issue of prison violence and sexual abuse, particularly against LGBTQ prisoners. We have also limited the use of chokeholds and carotid restraints during arrests and restricted the use of "no-knock" entries when executing warrants. These measures are designed to protect the safety and civil rights of all Americans.

However, there is still much work to be done. We must continue to safeguard our democratic institutions and uphold the values that make our nation great. We must remember that our strength lies in our diversity and our commitment to treating all people with dignity and respect. We must never waver in our pursuit of justice and equality for all.

As I step down, I am confident that the Justice Department will continue to serve the American people with integrity and dedication. I urge all of you to remember the importance of an independent Justice Department, free from partisan influence. It is our duty to ensure that our law enforcement decisions are based solely on the facts and the law, without favouritism or bias.

In closing, I want to express my deepest gratitude to the American people for the opportunity to serve as your Attorney General. It has been a privilege to work alongside so many dedicated public servants who strive every day to make our nation stronger and more just. I am humbled by your support, and I will always carry with me the memories of the work we accomplished together.

May God bless the United States of America, and may we always strive to form a more perfect union.

Garland's pursuit of justice vs. politics

Merrick Garland, the former United States attorney general, has been criticised by some for his pursuit of justice, rather than politics. In his farewell speech, he stated that he always "pursued justice, not politics". However, some have accused him of being the most political attorney general in American history, citing his efforts to charge and imprison Donald Trump and his supporters.

Garland's supporters argue that he has worked to uphold the rule of law and protect civil rights, while his critics claim that he has been too soft on political opponents and failed to act in the interests of justice.

Garland's nomination to the Supreme Court by President Barack Obama in 2016 was blocked by the Republican-controlled Senate, who refused to hold a hearing or vote on his nomination. This was an unprecedented move and was highly controversial. Despite this, Garland went on to serve as attorney general under President Joe Biden from 2021 to 2025.

During his tenure, Garland emphasised the protection of civil rights and rescinded a Trump-era policy that curtailed investigations into police department misconduct. He also doubled the department's enforcement staff for protecting voting rights and filed lawsuits against states that passed voting restrictions.

In terms of Congress breaking the law by not hearing Merrick Garland, there is no clear indication that this is the case. However, the Senate's refusal to hold a hearing or vote on Garland's Supreme Court nomination was highly controversial and criticised as an abuse of constitutional norms.

The release of the special counsel report on Trump's Jan. 6 case

On January 14, 2025, Attorney General Merrick Garland released special counsel Jack Smith's report on former President Donald Trump's efforts to overturn the 2020 election results. The report was made public just six days before Trump's return to the White House for his second term.

The report, released on August 1, 2023, details Trump's ""unprecedented criminal effort to overturn the legitimate results of the election in order to retain power." It outlines his attempts to pressure the Justice Department, his role in the scheme to enlist fake electors, and his direction of an "angry mob" to the Capitol on January 6, 2021. Additionally, it highlights his fallout with then-Vice President Mike Pence over Trump's demands regarding the certification of the electoral count.

While the first volume of the report, pertaining to election interference, was released, the second volume, concerning Trump's handling of classified documents, was withheld. This decision was made due to ongoing proceedings involving Trump's co-defendants, Walt Nauta and Carlos De Oliveira.

Special Counsel Jack Smith expressed his belief in the importance of upholding the rule of law and standing against Trump's efforts to overturn the election results. He faced challenges, including Trump's assertion of executive privilege and attempts to intimidate witnesses and prosecutors. Despite these obstacles, Smith's investigation culminated in the report, which provides a detailed account of Trump's actions leading up to and during the events of January 6.

The release of the special counsel report on Trump's January 6 case sheds light on the former president's efforts to subvert the democratic process and underscores the commitment of the Justice Department to pursue justice and hold those accountable who threaten the foundations of American democracy.

The unprecedented refusal of a Senate majority to consider a Supreme Court nomination

In 2016, Merrick Garland, an American lawyer and jurist, was nominated by then-President Barack Obama to serve as an associate justice of the Supreme Court. This was to fill the vacancy created by the death of Antonin Scalia. However, the Republican-controlled Senate, led by Majority Leader Mitch McConnell, refused to hold a hearing or vote on his nomination. This refusal to consider a Supreme Court nomination was unprecedented and highly controversial.

Garland had more federal judicial experience than any other Supreme Court nominee in history, and his nomination by Obama was anticipated. However, McConnell and the Senate Republicans blocked any action on the nomination, stating that the next president should fill the vacancy. This stance was described as an abuse of constitutional norms and an example of "constitutional hardball." The nomination ultimately lapsed at the end of the 114th Congress, lasting 293 days, the longest for any Supreme Court nominee.

The refusal to consider Garland's nomination had significant consequences. It left the Supreme Court seat vacant until the next president, Donald Trump, nominated Neil Gorsuch, who was then confirmed by the Republican-controlled Senate. This action shifted the ideological balance of the Supreme Court. The unprecedented nature of the Senate's refusal to consider Garland's nomination underscores the intense political polarization and partisan tactics surrounding Supreme Court nominations in recent years.

While the Senate's actions may have been legal, they broke with longstanding norms and traditions regarding the confirmation process for Supreme Court justices. This incident highlights the increasing politicization of the judicial appointment process in the United States and set a precedent for future confirmation battles.

Garland's nomination to the Supreme Court expiring after 293 days

In 2016, Merrick Garland was nominated by President Barack Obama to the U.S. Supreme Court to fill the vacancy left by the death of Antonin Scalia. At the time of his nomination, Garland was the chief judge of the United States Court of Appeals for the District of Columbia Circuit.

However, the Republican-controlled Senate refused to hold a hearing or vote on his nomination. This refusal was highly controversial and unprecedented, marking the first time since the Civil War that a nominee, whose nomination had not been withdrawn, failed to receive consideration for an open seat on the Court. The Senate's Republican leadership, led by Majority Leader Mitch McConnell, argued that the vacancy should not be filled until after the 2016 presidential election, citing the "Thurmond Rule" and later, the "McConnell Rule". They contended that the next Supreme Court justice should be chosen by the next president, who would be elected later that year.

Garland's nomination lasted 293 days, expiring on January 3, 2017, at the end of the 114th Congress. This was the longest pending period for a Supreme Court nominee in history. Ultimately, President Donald Trump, Obama's successor, nominated Neil Gorsuch to fill the vacant seat, and the Republican-controlled Senate confirmed him.

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