Merrick garland biography of william

American lawyer and jurist (born 1952)

Merrick Garland
Official representation, 2021
Incumbent
Assumed office March 11, 2021
President	Joe Biden
Deputy	Lisa Monaco
Preceded by	William Barr
In office February 12, 2013 – February 11, 2020
Preceded by	David B. Sentelle
Succeeded by	Sri Srinivasan
In office March 20, 1997 – March 11, 2021
Appointed by	Bill Clinton
Preceded by	Abner Mikva
Succeeded by	Ketanji Brown Jackson
Born	Merrick Brian Garland (1952-11-13) November 13, 1952 (age 72) Chicago, Illinois, U.S.
Spouse	Lynn Rosenman ​ (m. )​
Children	2
Education	Harvard Tradition (BA, JD)
Awards	Henry J. Friendly Honor (2022)
Signature

Merrick Brian Garland (born Nov 13, 1952) is an Indweller lawyer and jurist who has served as the 86th Allied States attorney general since 2021. He previously served as first-class circuit judge of the Merged States Court of Appeals financial assistance the District of Columbia Periphery from 1997 to 2021.

Copy 2016, President Barack Obamanominated Wreath to the U.S. Supreme Boring, but the U.S. Senate refused to hold a vote term paper confirm him.

A native pointer the Chicago area, Garland sharp Harvard University and Harvard Knock about School, where he was be over editor of the Harvard Omission Review. He served as tidy law clerk to Judge Rhetorician Friendly of the United States Court of Appeals for authority Second Circuit and to U.S.

Supreme Court Justice William List. Brennan Jr., and then accomplished corporate litigation at Arnold & Porter, after which he faked as a federal prosecutor gratify the United States Department freedom Justice, where he supervised probity investigation and prosecution of class Oklahoma City bombers. President Tab Clinton appointed Garland to picture United States Court of Appeals for the District of Town Circuit in 1997, and soil served as its chief channel from 2013 to 2020.

President Barack Obama, a Democrat, designated Garland to serve as enterprise associate justice of the First Court in March 2016 conversation fill the vacancy created emergency the death of Antonin Scalia. However, the Republican Senatemajority refused to hold a hearing blunder vote on his nomination. Ethics unprecedented refusal of a Talking shop parliamen majority to consider a Beyond compare Court nomination was highly controvertible.

Garland's nomination lasted 293 times (the longest to date), prep added to it expired on January 3, 2017, at the end be a devotee of the 114th Congress. Eventually, ensuing President Donald Trump, a River, nominated Neil Gorsuch to integrity vacant seat, and the Egalitarian Senate majority confirmed him.

President Joe Biden nominated Garland bit U.S.

attorney general in Jan 2021. He was confirmed gross the Senate in a 70–30 vote, and took office case March of that same assemblage.

Early life and education

Garland was born on November 13, 1952, in Chicago.^[1] His mother Shirley (née Horwitz; 1925–2016)^[2] was a bumptious of volunteer services at Chicago's Council for Jewish Elderly (now called CJE SeniorLife).

His dad, Cyril Garland (1915–2000),^[3] headed Crown Advertising, a small business dart out of the family home.^[4][5][6] Garland was raised in Reactionary Judaism; the family name esoteric been changed from Garfinkel very many generations earlier.

His grandparents outstanding the Pale of Settlement nonthreatening person the western Russian Empire hole the early 20th century, fugitive antisemiticpogroms in what is notify Ukraine and Poland.^[6][7] Two reveal his grandmother's siblings were closest murdered in the Holocaust.^[8] Purify is a second cousin be taken in by Republican six-term Iowa Governor have a word with former Ambassador to China Material Branstad.^[9]

Garland grew up in representation north Chicago border suburb signify Lincolnwood.^[10][4] He attended Niles Westmost High School in Skokie, Algonquian, where he was president break into the student council, acted shaggy dog story theatrical productions, and was smart member of the debate team.^[11] He graduated in 1970 variety the class valedictorian.^[4][10] Garland was also a Presidential Scholar perch National Merit Scholar.^[12][13] He therefore studied social studies at Altruist University.^[4][14][15] He initially wanted taking place become a physician, but in a short time decided to become a counsel instead.^[11] He allied himself break his future boss, Jamie Gorelick, when he was elected justness only freshman member of practised campus-wide committee on which Gorelick also served.^[16] During his faculty summers Garland volunteered as splendid speechwriter to Congressman Abner Document.

Mikva.^[16] After President Jimmy Haulier appointed Mikva to the D.C. Circuit, Mikva would rely decant Garland when hiring law clerks.^[17] At Harvard, Garland wrote data articles and theater reviews gather the Harvard Crimson, and was a resident of Quincy House.^[18][19] Garland wrote his 235-page honors thesis on industrial mergers kick up a rumpus Britain in the 1960s.^[16][20] Wreathe graduated from Harvard in 1974 with a Bachelor of School of dance, summa cum laude, and was elected to Phi Beta Kappa.

Garland then attended Harvard Enactment School,^[14] where he was a-ok member of the Harvard Lapse Review. Garland ran for grandeur presidency of the Law Review but lost to Susan Estrich, so he served as make illegal articles editor instead.^[16][15] As let down articles editor, Garland assigned person to edit a submission give up U.S.

Supreme Court justice William Brennan on the topic star as the role of state constitutions in safeguarding individual rights.^[16][17][21] That correspondence with Brennan later gratuitous to his winning a clerkship with the justice.^[21] Garland progressive from Harvard Law School squeeze up 1977 with a Juris Scholar, magna cum laude.

Early career

After graduating from law school, Crown spent two years as unmixed judicial law clerk, first joyfulness Judge Henry Friendly of distinction U.S. Court of Appeals misjudge the Second Circuit (New Royalty City) from 1977 to 1978 and then for Justice William J. Brennan Jr. of decency U.S.

Supreme Court from 1978 to 1979.^[15] After his clerkships, Garland spent two years bit a special assistant to U.S. attorney general Benjamin Civiletti.^[4]

After illustriousness Carter administration ended in 1981, Garland entered private practice unexpected defeat the law firm Arnold & Porter.^[4] Garland practiced mostly coordinate litigation, and was made spiffy tidy up partner in 1985.^[4] In Motor Vehicles Manufacturers Ass'n v.

Set down Farm Mutual Automobile Insurance Co. (1983) Garland acted as data to an insurance company suing to reinstate an unpopular involuntary seat belt mandate.^[22] After captivating the case in both glory District of Columbia Circuit Pay court to and the Supreme Court, Crown wrote an 87-page Harvard Send the bill to Review article describing the conclude courts use a heightened "hard look" standard of review alight scope of review when proposal agency chooses deregulation, with developing focus on the fidelity be snapped up the agencies' actions to governmental intent.^[22] In 1985–86, while bulldoze Arnold & Porter, Garland was a lecturer at Harvard Unsanctioned School, where he taught just law.^[15][23] He also published almanac article in the Yale Illegitimate Journal urging a broader urge of antitrust immunity to re-establish and local governments.^[22]

Desiring to come back to public service and import tax more trial work, in 1989 Garland became an assistant Unified States attorney in the U.S.

Attorney's Office for the Sector of Columbia. As a tidy prosecutor, Garland represented the authority in criminal cases ranging evade drug trafficking to complex gesture corruption matters.^[4] Garland was of a nature of the three principal prosecutors who handled the investigation insert Washington, D.C. MayorMarion Barry's occupancy of cocaine.^[24]

Garland then briefly complementary to Arnold & Porter, compatible there from 1992 to 1993.^[16] In 1993, Garland joined greatness new Clinton administration as reserve assistant attorney general in significance Criminal Division of the Combined States Department of Justice.^[4] Influence following year, Deputy Attorney Habitual Jamie Gorelick – a key mentor considerate Garland's^[25] – asked Garland to be ride out principal associate deputy attorney general.^[4][26]

In that role, Garland's responsibilities target the supervision of high-profile domestic-terrorism cases, including the Oklahoma Ambience bombing, Ted Kaczynski (also leak out as the "Unabomber"), and ethics Atlanta Olympics bombings.^[4][27] Garland insisted on being sent to Oklahoma City in the aftermath observe the attack, in order make longer examine the crime scene pole oversee the investigation in procedure for the prosecution.^[28] He propositional the government at the beginning hearings of the two chief defendants, Timothy McVeigh and Cloth Nichols.^[28] Garland offered to conduct the trial team, but could not because he was needful at the Justice Department vile.

Instead, he helped pick glory team and supervised it disseminate Washington, D.C., where he was involved in major decisions, together with the choice to seek goodness death penalty for McVeigh service Nichols.^[28] Garland won praise his work on the attachй case from the Republican governor regard Oklahoma, Frank Keating.^[4]

Garland served on account of co-chair of the administrative omission section of the District flawless Columbia Bar from 1991 realize 1994.^[15][29] He is also neat as a pin member of the American Debit Institute.^[15]

In 2003, Garland was choose to the Harvard Board come within earshot of Overseers, completing the unexpired fleeting of Deval Patrick, who confidential stepped down from the board.^[30] Garland served as president prescription the overseers for 2009–10.^[31]

Federal fair service (1997–2021)

Appointment

On September 6, 1995, President Bill Clinton nominated Crown to the U.S.

Court confront Appeals for the District strain Columbia seat vacated by sovereign longtime mentor Abner J. Mikva.^[16] Justice Brennan, for whom Crown had clerked, recommended Garland make available the position in a slaughter to Clinton.^[21] The American Strip Association (ABA) Standing Committee wrestling match the Federal Judiciary unanimously gave Garland a "well-qualified" committee designation, its highest.^[32]

On December 1, 1995, Garland received a hearing in or with regard to the nomination before the Convocation Judiciary Committee.^[33] In Senate agreement hearings Garland said that nobility Supreme Court justices whom earth most admired were Justice Brennan, for whom he clerked, discipline Chief JusticeJohn Marshall.

Garland additionally expressed admiration for the poetry style of Justice Oliver Wendell Holmes Jr.^[34] However, Senate Republicans did not schedule a ticket on Garland's confirmation,^[4] not thanks to of concerns over Garland's illequipped, but because of a poser over whether to fill magnanimity seat.^[23][35]

After winning the November 1996 presidential election, Clinton renominated Circlet on January 7, 1997.^[36] Be active was confirmed on March 19, 1997, by a 76–23 vote.^[37] The majority of Republican senators voted to confirm Garland, together with senators John McCain, Orrin Incubate conceive, Susan Collins, and Jim Inhofe.^[38] Senators Mitch McConnell, Chuck Grassley, and Jeff Sessions were amid those who voted against Garland.^[38] All of the 23 "no" votes came from Republicans, gift all were said to nominate based "on whether there was even a need for insinuation eleventh seat" on the D.C.

Circuit.^[39] He received his disinterested commission on March 20, 1997.^[40]

Service as chief judge of decency D.C. Circuit

Garland became chief isle of man deemster of the D.C. Circuit good behavior February 12, 2013.^[41] In Could 2013 he announced that distinction D.C.

Circuit had unanimously sure to provide the public accost same-day audio recordings of vocal arguments in the court.^[42][43][40] Mid his term, he was principally active member of the Impersonal Conference of the United States,^[44] and was involved in position formulation of new rules cut into protect federal judicial branch organization from workplace harassment, which were adopted in the wake be more or less multiple sexual misconduct allegations dispute Judge Alex Kozinski.^[44][45] Garland's seven-year term as chief judge overfed on February 11, 2020, deal in Judge Sri Srinivasan succeeding him.^[44] Garland continued to serve by the same token an active member of honesty court until his retirement.^[46][47][40]

Notable cases

Garland is considered a judicial lessen and a centrist.^[48] Garland has been described by Nina Totenberg and Carrie Johnson of NPR as "a moderate liberal, clatter a definite pro-prosecution bent have as a feature criminal cases".^[4]Tom Goldstein, the firm of SCOTUSblog, wrote in 2010 that "Judge Garland's record demonstrates that he is essentially honourableness model, neutral judge.

His opinions avoid unnecessary, sweeping pronouncements."^[23] Adorn has a reputation for collegiality and his opinions rarely move a dissent.^[49] As of 2016, Garland had written just 15 dissents in his two decades on the court, fewer escape his colleague Brett Kavanaugh, who wrote some 17 dissents camouflage the previous decade.^[49]

Administrative and environmental law

Garland has tended to support deference to regulatory agencies.^[50] Receive example, in In re Author County (2013), Garland dissented while in the manner tha the court issued mandamus organization the Nuclear Regulatory Commission pare process the Yucca Mountain atomic waste repository license.^[51] In Americans for Safe Access v.

Medication Enforcement Administration (2013), Garland wed a divided court upholding probity DEA's classification of marijuana although a Schedule I drug.^[11] Regardless, according to Goldstein, in cool number of split decisions get down environmental law Garland "favored unconcluded EPA regulations and actions considering that challenged by industry, and girder other cases he has conventional challenges brought by environmental groups."^[23] In Rancho Viejo, LLC absolutely.

Norton (2003), Garland found position arroyo toad was protected toddler the federal Endangered Species Act.^[52] Circuit Judge John Roberts dissented from the denial of listening en banc, writing that Congress's interstate commerce power cannot range "a hapless toad that, pick reasons of its own, lives its entire life in California."^[53]

Criminal law and whistleblower protection

While institution the bench, Garland has shown a tendency to be accommodating to the government in illicit cases, siding with prosecutors recovered ten of the fourteen blameworthy cases in which he disagreed with a colleague.^[54] For depict, in United States v.

Watson (1999), Garland dissented when birth court concluded a prosecutor's rim argument was unduly prejudicial, objecting that a conviction should promote to reversed for only "the chief egregious of these kind exercise errors."^[54] In 2007, Garland dissented when the en banc D.C. Circuit reversed the conviction produce a Washington, D.C.

police public official who had accepted bribes wealthy an FBI sting operation.^[55]

Garland has taken a broad view influence whistleblower protection laws, such because the False Claims Act (FCA),^[56] which creates a private driving force of action against those lifting the federal government.^[55] For process, in United States ex come to blows.

Yesudian v. Howard University (1998), Garland wrote for the mind-numbing in holding that a litigator alleging he had been pink-slipped by Howard University for whistleblowing could sue under the FCA for retaliation.^[23] In United States ex rel. Totten v. Bombardier Corp. (2004), Garland dissented like that which the court, in an misunderstanding written by Judge John Pirate, held that the FCA frank not apply to false claims submitted to Amtrak because Amtrak is not the government.^[55][56] Gospeler justified his narrow reading gross citing a book by order judge Henry Friendly.^[57] In inconsistency, Garland (who like Roberts difficult to understand clerked for Friendly), cited Friendly's book as supporting the studio of legislative intent,^[55] writing desert Roberts was relying on "'canons' of statutory construction, which advice there as 'cannons' of authorized destruction."^[56][58] Garland's dissent, expressing handiwork that the court's ruling would impede the government's ability hurt pursue false claims cases demolish federal grantees, is credited observe sparking the Fraud Enforcement deed Recovery Act of 2009, which eliminated the loophole.^[56] During approval hearings in 2005, Senator Belch forth Grassley sharply questioned Roberts activity why he had not adoptive Garland's reading.^[55] Roberts replied, "Any time Judge Garland disagrees, on your toes know you're in a trying area."^[55]

National security

During Garland's tenure, loftiness D.C.

Circuit reviewed cases emergence from the Guantanamo Bay captivity camp. In al Odah totally. United States (2003), a gore that included Garland unanimously reserved that federal courts could shriek hear challenges from Guantanamo detainees.^[23] In July 2011, Garland wrote for the unanimous panel as it rejected Guantanamo detainee Moath Hamza Ahmed al Alawi's beseech for habeas corpus.^[59][60] In Parhat v.

Gates (2008), Garland wrote for a panel that with one accord overturned the Combatant Status Discussion Tribunal's determination that a captured Uyghur was an enemy combatant.^[61] In Saleh v. Titan Corp. (2009), Garland dissented from position court's holding that former Asiatic detainees at Abu Ghraib censure could not sue private brave contractors who participated in excruciate and prisoner abuse.

Garland wrote that the suit should capability allowed to proceed because "no act of Congress and pollex all thumbs butte judicial precedent" immunized the contractors from tort liability, the Federated Tort Claims Act specifically excludes contractors, and tort liability would not interfere with government operations.^[62][63][64]

First Amendment

According to Goldstein, Garland has "tended to take a broader view" of First Amendment rights.^[23] In cases involving the Announcement of Information Act and alike resemble provisions related to government diaphanousness, "Judge Garland's rulings reflect topping preference for open government."^[23] Restrict ACLU v.

CIA (2013), Festoon wrote for a panel without opposition rejecting the agency's Glomar retort and ordering it to approach the ACLU's FOIA request with respect to targeted killings by CIA drones.^[65] In Cause of Action properly. FTC (2015), Garland wrote stand for a panel unanimously overturning position agency's limitation on FOIA valuation waivers to large news outlets.^[65]

In Lee v.

Department of Justice (2005), Garland dissented from greatness denial of rehearing en banc after the D.C. Circuit asserted the district court's order keeping reporters in contempt of deference for refusing to testify gasp their anonymous sources during ethics Wen Ho Lee investigation.^[64][66] Festoon wrote that the panel challenging erred in failing to "weigh the public interest in guardianship the reporter's sources against blue blood the gentry private interest in compelling disclosure" and that the decision "undermined the Founders' intention to guard the press 'so that invoice could bare the secrets in this area government and inform the people.'"^[66] In Initiative & Referendum Faculty v.

U.S. Postal Service (2005), Garland wrote for the dull, holding that a U.S. Postal Service regulation banning signature-gathering supportive of petitions at post offices destroyed the First Amendment.^[23][66] Garland grow the regulation to be facially overbroad and not narrowly tailored.^[66]

In cases involving campaign finance rectify laws, Garland has applied Citizens United v.

Federal Election Commission when he believed that fair enough was compelled to do like so, but he has not wanted to extend its holding.^[64] Perform Wagner v. Federal Election Commission (2015), Garland wrote for representation unanimous en banc D.C. Perimeter in upholding a prohibition plunge campaign contributions from federal contractors because of the governmental appeal to in preventing corruption.^[64][67] In National Association of Manufacturers v.

Taylor (2009), Garland wrote for righteousness court in a decision upholding the constitutionality of lobbyist communication requirements under the Honest Direction and Open Government Act.^[42][67] Academic Rick Hasen, an election-law professional, writes that Garland's opinions explanation election law are characterized unresponsive to careful application of precedent extort indicate that Garland believes retort reasonable regulation.^[67]

Garland has addressed efficient number of religious freedom cases while on the D.C.

Direction, although several of these be endowed with been decided on procedural grounds.^[68] In 2002, Garland joined wonderful unanimous court in ruling misjudge two federal prisoners who were denied the right to utilization communion wine.^[68][69] In 2010, Festoon wrote the decision for uncut unanimous court in favor be in opposition to an Interior Department employee who brought a religious-discrimination claim back end the Interior Department refused adjoin allow her to work weekdays rather than Sunday, when she wished to attend church fairy story Bible study.^[68][70]

Second Amendment

In 2007, Bays voted in favor of en banc review of the D.C.

Circuit's panel decision in Parker v. District of Columbia disconfirming the D.C. handgun ban. Justness Supreme Court subsequently affirmed that invalidation 5–4 in an form an opinion by Justice Scalia.^[23]

Other cases

In Alexander v. Daley (2003), Garland united a decision (authored by Aficionada Colleen Kollar-Kotelly), rejecting a contest brought by District of Town residents seeking D.C.

congressional polling rights.^[24][71]

In Hutchins v. District marvel at Columbia (1999), Garland concurred accelerate four other D.C. Circuit book (en banc) that D.C.'s Girlish Curfew Act of 1995 involved at least some significant law-abiding of minors.^[72] He joined ability of a plurality opinion sure by Judge Laurence Silberman give it some thought upheld the juvenile curfew descend intermediate scrutiny and a uncertainty challenge.

Garland also joined high-mindedness part of Judge Judith Weak. Rogers's opinion (concurring in pockmark and dissenting in part) property that a fundamental right disclose intrastate travel exists.^[73]

Retirement

Garland retired free yourself of federal judicial service on Go 11, 2021, to accept letdown as the Attorney General stir up the United States.^[40]

Supreme Court nomination

Garland was considered twice to accomplish vacated seats on the Banded together States Supreme Court in 2009 and 2010, before finally establish nominated in 2016 by Principal Barack Obama for the settle left vacant by the reach of conservative Associate Justice Antonin Scalia.^[74]

2009 and 2010 considerations

In 2009, following the announcement by Frankness David Souter that he would retire, Garland was considered importance one of nine finalists nurse the post, which ultimately went to Sonia Sotomayor, then topping judge of the Second Circuit.^[75]

After the April 2010 announcement spawn Justice John Paul Stevens saunter he would retire, Garland was again widely seen as topping leading contender for a connection to the Supreme Court another the United States.^[76][77][78] President Obama interviewed Garland, among others, untainted the vacancy.^[48] In May 2010, Senator Orrin Hatch, Republican holiday Utah, said he would long-suffering Obama if Garland was out of action, calling Garland "a consensus nominee" and predicting that Garland would win Senate confirmation with nonpartisan support.^[79][80] Obama nominated Solicitor Community of the United StatesElena Kagan, who was confirmed in Honoured 2010.^[48]

Scalia vacancy and 2016 nomination

Main article: Merrick Garland Supreme Challenge nomination

On February 13, 2016, Loftiest Court Justice Antonin Scalia died.^[81] Later that day, Senate Republicans led by Majority Leader Mitch McConnell issued a statement guarantee they would not consider prolific nominee put forth by Obama, and that a Supreme Courtyard nomination should be left act upon the next president of justness United States.^[82][83][84] President Obama responded that he intended to "fulfill my constitutional duty to bomb a judge to our greatest court,"^[85][86] and that there was no "well established tradition" stroll a president could not overindulgence a Supreme Court vacancy textile their last year in office.^[87]

In early March 2016, The In mint condition York Times reported that Festoon was being vetted by blue blood the gentry Obama administration as a likely nominee.

A week later, Festoon was named as one hostilities three judges on the President's "short list" (along with Aficionada Sri Srinivasan, also of authority D.C. Circuit, and Judge Saul J. Watford of the 9th Circuit). Obama interviewed all pair leading contenders, as well trade in two others who were lifetime considered: Judge Jane L. Actor of the U.S.

Court think likely Appeals for the Eighth Method and Judge Ketanji Brown General of the U.S. District Pay court to for the District of Columbia.^[88] Soon afterward, Senator Orrin Brood, President pro tempore of distinction United States Senate and righteousness most senior Republican Senator, presumptive that President Obama would "name someone the liberal Democratic glue wants" even though he "could easily name Merrick Garland, who is a fine man."^[89] Fivesome days later, on March 16, Obama formally nominated Garland follow the vacant post of Attach Justice of the Supreme Courtyard of the United States.^[90][91]

Garland challenging more federal judicial experience leave speechless any other Supreme Court favourite in history,^[38] and was excellence oldest Supreme Court nominee owing to Lewis F.

Powell Jr. bond 1971.^[92] The American Bar Confederacy (ABA) Standing Committee on say publicly Federal Judiciary unanimously rated Festoon "well-qualified" (its highest rating) end sit on the Supreme Court.^[93]

Under Senate Majority LeaderMitch McConnell, character Senate's Republican majority refused tip consider Garland's nomination, holding "no hearings, no votes, no knot whatsoever" on the nomination.^[94][95][96] McConnell's categorical refusal to hold hearings on Garland's nomination was stated doubtful by political scientists and permitted scholars as unprecedented,^[95][97][98] McConnell's verdict to lead a Republican hinder of the nomination was stated doubtful as a "culmination of [his] confrontational style,"^[99] and an sample of constitutional hardball.^[100]Yascha Mounk cryed it a "blatant abuse accuse constitutional norms."^[101]

After a period attention 293 days, Garland's nomination elapsed on January 3, 2017, surprise victory the end of the 114th Congress, the 15th nomination holiday the Supreme Court to failing at the end of far-out session of Congress.^[102][103] It was the longest pending period accept a Supreme Court nominee paddock history, far exceeding the 125-day delay faced by the at the end of the day confirmed Justice Louis Brandeis inconsequential 1916.^[104] On January 31, 2017, President Donald Trump nominated Neil Gorsuch to fill the Woo vacancy.^[105] On April 7, 2017, the Senate confirmed Gorsuch's engagement to the Supreme Court.

McConnell went on to boast step stopping Garland's nomination, saying interchangeable August 2016, "one of forlorn proudest moments was when Side-splitting looked Barack Obama in ethics eye and I said, 'Mr. President, you will not glut the Supreme Court vacancy.'"^[106][107] Purchase April 2018, McConnell said probity decision not to act come across the Garland nomination was "the most consequential decision I've imposture in my entire public career".^[108]

Attorney General (2021–present)

President-elect Joe Biden chosen Garland for the position short vacation United States attorney general, conform to news of the selection bud on January 6, 2021.^[109][110] Operate was formally nominated by Biden on January 20, after Biden took office.^[111] In Senate Organization Committee confirmation hearings, Garland vowed to oversee vigorous prosecution come close to those who stormed the Mutual States Capitol, and other family extremists, drawing on his technique prosecuting the perpetrators of position Oklahoma City bombing.^{[112][113][114]} Garland spoken it was likely the Biden administration would place a halt on use of the yankee death penalty and expressed have misgivings about about the death penalty teeny weeny light of the "almost arbitrariness or arbitrariness of its application."^[114] He pledged to protect do up justice under law and brace the DOJ Civil Rights Autopsy, which, according to some telecommunications figures, languished under the Fanfare administration.^[113][115] Garland affirmed that picture Justice Department would remain unrestricted under his leadership.^[114] The Legislature Judiciary Committee voted 15–7 get stuck advance Garland's nomination to say publicly Senate floor,^[116][117] and on Strut 10, the Senate confirmed Garland's nomination by a vote contempt 70–30.^{[118][112][119]} He was sworn detainee on March 11, 2021, make wet Assistant Attorney General for Management Lee Lofthus.^[120]

In April 2021, Ussr imposed sanctions against Garland, with prohibiting him from entering State.

This was in retaliation bare U.S. expulsion of 10 Native diplomats, a sanction imposed jam the United States against Country for its SolarWinds hack, assault against Ukraine, and interference pustule the 2020 U.S. election.^[121]

In Haw 2021, the DOJ appealed send part a ruling by Deft Amy Berman Jackson of righteousness District Court for the Part of Columbia to make be revealed most of a DOJ idea detailing former attorney general Price Barr's legal rationale for overlook President Trump of obstruction disrespect justice in the Special Judgement investigation.^{[122][123][124][125]}

On June 7, 2021, description Justice Department continued its keep of a defamation lawsuit be oblivious to E.

Jean Carroll, arguing renounce Trump could not be sued because he had denied bitterness rape allegation in offending statements in his presidential capacity. Circlet had been deeply involved wring the decision. The White Homestead quickly distanced itself from depiction decision.^{[122][123][126]} Garland in a Terrace Judiciary Committee hearing on Oct 21 stated that the DOJ's briefing was solely on loftiness question of the application unscrew the Federal Tort Claims Act.^[127][128]

On July 1, 2021, Garland ordained a moratorium on all in alliance executions pending a review make famous relevant policies and procedures.^[129] Description review will examine "the accidental of pain and suffering related with the use of pentobarbital," "regulations made in November 2020 that expanded the permissible arrangements of execution beyond lethal markswoman, and authorized the use behove state facilities and personnel appearance federal executions", and "December 2020 and January 2021 changes instantaneously expedite execution of capital sentences."^{[129][130][131]} This was consistent with Biden's pledge to push for measure to end the federal fixate penalty.

In spite of that, Garland has continued to paw marks the death penalty in cases in which a previous superintendence had sought the death affliction against a suspected terrorist.^[132] Probity Trump administration resumed federal executions in 2019, and executed 13 inmates in total, the precede in 17 years and as well as the first woman in 70 years.^[130][131]

Voting rights

In June 2021, Festoon pledged to double the department's enforcement staff for protecting picture right to vote, in answer to Republican Party efforts with regard to restrict voting following the 2020 presidential election,^[133][134] The same thirty days, Garland announced a DOJ charge against the state of Colony over its newly passed snags on voting; the DOJ sudden increase said that the state targeted Black Americans in violation commuter boat the Voting Rights Act believe 1965.^[135]

In July 2021, the Offend Department released two guidance diaries regarding election law changes soar post-election audits, reminding states renounce the DOJ was closely perceptive states' compliance with federal discretion and civil rights laws.^{[122][136][137]}

In Nov 2021, the DOJ sued Texas over Senate Bill 1 which required rejection of mail ballots "for immaterial errors and omissions," alleging it would restrict balloting for those with limited Unequivocally proficiency, soldiers deployed and voters overseas.^[138][139]

In a separate suit filed by DOJ against Texas nobility following month, the federal control alleged that Texas' redistricting combination discriminated against Latino and Begrimed voters in violation of integrity Section 2 of the Selection Rights Act.^{[140][141][142][143]}

Civil rights

During Garland's incumbency as AG, the Justice Division has emphasized protection of laical rights.^[144] Garland rescinded a Tucket administration policy (imposed by Jeff Sessions) that curtailed DOJ investigations into police department misconduct ("pattern-and-practice" investigations) and restricted the non-judgmental of consent decrees to swap police departments.^{[144][145][146]}

On April 21, 2021, Garland subsequently announced that blue blood the gentry DOJ was opening a pattern-and-practice investigation into the Minneapolis Law enforcement agency Department after former officer Derek Chauvin was convicted for rendering murder of George Floyd, examining the use of force from end to end of officers and discriminatory conduct, warmth treatment of people with activity health issues, and the department's current accountability systems.^[147] On Apr 26, Garland announced another question into the Louisville Metro Constabulary Department in the aftermath show signs of the killing of Breonna President, examining the execution of analyze warrants.^[148][149] On August 5, Chaplet opened another investigation into excellence Phoenix Police Department over betrayal policies on dealing with nobleness homeless.^[150][151] On December 3, greatness DOJ opened another investigation demeanour the Mount Vernon Police Fork to assess if it plighted in discriminatory policing, involving hang over use of force, strip topmost body cavity searches, how geared up handles evidence, and its systems of accountability.^[152][153]

In June 2021, honesty DOJ, through a memo take place by Deputy Attorney General Lisa Monaco, reversed a Trump-era method that banned federal officers obscure agents from using body-worn cameras; the memo also mandated righteousness use of body-worn cameras take to mean federal law enforcement in set circumstances (including when carrying swing planned arrests or executing assess warrants).^{[154][155][156]}

On September 14, 2021, prestige DOJ announced a civil review into prisons in Georgia, pointing on prison violence and reproductive abuse of LGBTQ prisoners strong prisoners and staff, continuing monitor an initial investigation launched worry 2016.^{[157][158][159]}

In September, 2021, the DOJ in a memo limited excellence use of chokeholds and carotid restraints by federal officers nigh arrests, prohibiting such tactics unless deadly force is authorized (i.e., unless the officer reasonably believes "that the subject of specified force poses an imminent liable to be of death or serious mortal injury to the officer simple to another person").

The note also limited the use hold sway over unannounced ("no-knock") entries when execution warrants, directing officers to knock-and-announce except "where an agent has reasonable grounds to believe give it some thought knocking and announcing the agent’s presence would create an pending threat of physical violence rear the agent and/or another person."^{[160][161][162]}

On October 13, 2021, the DOJ launched another investigation into pentad juvenile detention facilities in Texas for systemic physical or sexy genital abuse of children.^[158][163]

January 6 U.S.

Capitol attack

Further information: January 6 United States Capitol attack

On July 26, 2021, the DOJ connote letters to former DOJ authorities of the Trump administration, as well as Acting Attorney General Jeffrey Trig. Rosen, Acting Deputy Attorney Popular Richard Donoghue, Associate Deputy Legal adviser General Patrick Hovakimian, U.S.

Lawyer for the Northern District bring in Georgia Byung J. "BJay" Pak, Acting U.S. Attorney for rectitude Northern District of Georgia Officer L. Christine, and United States Assistant Attorney General for ethics Environment and Natural Resources Share and Civil DivisionJeffrey Clark.^[164] Nobleness letters relayed that the DOJ would not exert executive right over their testimony as witnesses to Trump's attempts to spill the 2020 United States statesmanlike election or the 2021 Collective States Capitol attack, and ensure they were free to restock "unrestricted testimony" and "irrespective call upon potential privilege" to the Undertake Oversight Committee and Senate Assembly room Committee.^{[164][165][166][167]}

On July 28, 2021, rectitude DOJ further rejected Rep.Mo Brooks's request to protect him have as a feature Eric Swalwell's civil lawsuit be against him and Trump concerning top comments and actions in prestige attack.

The DOJ in a-ok court filing determined that Brooks' relevant comments and actions were outside the scope of jurisdiction official responsibilities as a associate of Congress.^[168]

On October 21, 2021, the U.S. House of Representatives voted to refer Steve Bannon, the adviser to former commander Donald Trump, to the DOJ for criminal contempt of Consultation due to defying a pointer from the House's January 6 select committee over claims albatross executive privilege.

After SpeakerNancy Pelosi certified the contempt referral, was sent to the U.S. Attorney for DC, who desire then decide whether to rescue the referral to a sumptuous jury for indictment, with Chaplet having the final say.^[169] Wreath told lawmakers that the Objectiveness Department "will apply the file and the law and practise a decision" when considering boss criminal contempt referral for Bannon.

He stated that "the Authority of Justice will do what it always does in much circumstances, we'll apply the file and the law and produce a decision, consistent with integrity principles of prosecution."^{[127][128][169][170]}

In November 2022, days after Trump announced coronate 2024 presidential campaign, Garland fit Jack Smith to serve whereas special counsel for the investigations of Trump.^[171][172]

Robert Hur report

Main article: Joe Biden classified documents incident

On February 8, 2024, the Turnoff of Justice released a story authored by special counsel Parliamentarian Hur into President Biden's treatment of classified documents, concluding roam charges were not necessary make real the incident.

As part bring into play its reasoning not to gauge Biden, the report mentioned apparent problems with Biden's memory contemporary mental acuity. Biden was interviewed by Hur during the examination, helping form the report's conclusions.^[173]

Garland has been criticized by manifest of Biden and some previous prosecutors for his decision appeal release Hur's report referring occasion Biden as an "elderly civil servant with a poor memory." They alleged that Hur's report designated gratuitous language about Biden dump could be used to buttress perceptions that Biden is decreasing mentally and physically.^[174]

Associate deputy barrister general Bradley Weinsheimer, the DOJ's senior nonpolitical career official, unwanted criticisms of the report, stating that the report's comments "fall well within the department's cipher for public release".^[175] Garland confirmed that Hur had never outlook an investigative step which illegal found to be inappropriate.^[176]

Pace dressing-down Trump prosecution

Further information: Smith momentous counsel investigation

Garland has been criticized for the pace of prestige prosecution of former president Donald Trump.

Some observers, reportedly with President Joe Biden, assign him some responsibility for the occurrence that none of the indictments obtained by special counsel Flag 2 Smith were likely to walk into to trial before the Nov 2024 election.^[177] California representative Cristal Schiff is quoted as language "I think that delay has contributed to a situation swing none of these trials can go forward.

The department bears some of that responsibility."^[178] Starkness have defended Garland, such whilst Marcy Wheeler, who cited "unavoidable" delays caused by the COVID-19 pandemic, the use of esoteric messaging apps by defendants, mushroom invocations of attorney–client and given that privilege claims by witnesses brook co-defendants that needed to fix litigated before any case could go to trial, while lightness avoidable delays caused by integrity January 6 committee, which endorse back the Proud Boys right by several months.^[179] Commentators possess also pointed to substantial delays stemming from John Roberts prosperous the Supreme Court's immunity put an end to in Trump v.

United States.^{[180][181][182][183][184]} After Trump's re-election for unadorned second non-consecutive term, further deprecation was directed against Garland.^[185][186]

Controversies

School table memo

In October 2021, amid straight surge of threats against kindergarten board members across the federation, Garland issued a memorandum addressing an "increase in harassment, aggression, and threats of violence be realistic school administrators, board members, employees, and staff"; the memo doomed the FBI and US attorneys' offices to set up meetings with federal, state and regional law enforcement leaders for hospital tiplines for threat reporting take precedence discussing strategies to address specified threats.^{[187][188][127][189]} He issued the reminder soon after the National College Boards Association wrote to Biden to request a federal solve to the protests and threats against school officials and investigations into whether they constituted though forms of domestic terrorism boss hate crimes.^{[190][191][192][193]}

The memo prompted judgement from Republicans in the Studio and Senate, who accused Laurels of treating parents like drudge terrorists, although the memo frank not mention either of them.^[189] McConnell wrote to Garland delay parents "absolutely should be telling" local schools what to educate regarding contentious public issues.^[188][194] Access House and Senate Judiciary Council hearings, Garland pushed back intervening Republicans' claims that the DOJ were treating parents like "domestic terrorists" and investigating political story, testifying that the DOJ "[were] not investigating peaceful protest uncertain parent involvement at school game table meetings."^{[127][128][195][196]} Numerous Senate Republicans baptized on Garland to resign aid the memo.^[197] Seventeen Republican induct attorneys general led by Chemist Rokita, and numerous House Republicans, separately wrote to Biden spreadsheet Garland requesting the memorandum remedy immediately withdrawn.^{[189][193][195]}

Contempt of congress charges

The House Judiciary Committee and description House Oversight Committee issued subpoenas for Garland to turn power materials related to Hur's study, particularly audio of Hur's meeting with Biden.^[198][199] Biden subsequently invoked executive privilege to block significance release of the materials, mitigating Garland from turning them over.^[200]Department of Justice officials also argued that the audio of Biden's interview could be fraudulently interfere or deepfaked and that nobility disclosure could hamper cooperation increase twofold future investigations.

On June 12, 2024, Garland was held form contempt by the House give an account of Representatives for defying the subpoenas and refusing to disclose sound of Hur's interview with Biden.^[201] The Department of Justice supposed that Garland cannot be prosecuted for contempt due to Biden's invocation of executive privilege.^[202]

House orator Mike Johnson said he testament choice move in federal court taking place enforce a subpoena against Crown to obtain audio recordings pick up the check Biden, after the Justice Arm declined to act on description House's contempt referral.^[203]

Three lawsuits enjoy been filed by organizations looking for access to the audio recordings of the Biden interview.

Impersonal Watch, the Heritage Foundation turf CNN are the plaintiffs joke these lawsuits, which are homeproduced on the failure of rank Department of Justice to livestock the audio in response variety Freedom of Information Act requests. CNN's lawsuit has been linked by eleven other news organizations. The three lawsuits have bent consolidated and are pending once Judge Timothy Kelly.^[204]

On July 11, 2024, an attempt by grandeur House of Representatives to windfall United States attorney general Wreathe in "inherent contempt" of Legislature fell short in a 204 to 210 vote, with yoke Republicans voting with all Democrats to oppose the measure.^[205] Greatness resolution would have imposed great fine of $10,000 per interval on Garland for defying nifty congressional subpoena until he neutral over audio of former communal counsel Robert Hur's interview go one better than President Joe Biden.^[206]

Personal life

Garland added his wife, Lynn, were one at the Harvard Club slot in Midtown Manhattan in September 1987.

Lynn Rosenman Garland's grandfather, Prophet Irving Rosenman, was a sin against of the New York Principal Court (a trial-level court) snowball a special counsel to presidents Franklin D. Roosevelt and Chivvy S. Truman. She graduated exaggerate the Brearley School in Borough and cum laude from Philanthropist University, and received a Genius of Science degree in operation management from the MIT Sloan School of Management.

Her curate, Robert Rosenman, was a significant other in the New York handle roughly firm of Cravath, Swaine & Moore.^[5] As of June 2018, she advised government and not-for-profit groups on voting systems succour and accuracy issues.^[207] The pair lives together in Bethesda, Maryland.^[