Merrick Garland on Speech and Institutions

Writing in the Bezos Washington Post:

Unfounded attacks on the Justice Department must end

Last week, a California man was convicted of threatening to bomb an FBI field office where hundreds of agents and other employees work. In one of his threats to the FBI, the man wrote: “I can go on a mass murder spree. In fact, it would be very explainable by your actions.”

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DOJ officials “do not investigate people because of their last name, their political affiliation, the size of their bank account, where they come from or what they look like. We investigate and prosecute violations of federal law — nothing more, nothing less,” Garland wrote.

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“We will not be intimidated by these attacks,” he said. “But it is absurd and dangerous that public servants, many of whom risk their lives every day, are being threatened for simply doing their jobs and adhering to the principles that have long guided the Justice Department’s work.”

The op-ed comes as House Republicans are moving toward holding Garland in contempt of Congress for defying a subpoena to hand over recordings from special counsel Robert Hur’s investigation into President Joe Biden’s handling of classified documents.

On the same day Garland similarly defended the DOJ before a House panel last week, Speaker Mike Johnson (R-LA) announced a “three-pronged” response to what Republicans have described as a “weaponized” justice system using investigations, legislation, and power of the purse.

Garland insisted in his op-ed the DOJ does not make political decisions in criminal investigations, a charge GOP critics have made in regard to the Trump cases and others, and warned “democracy cannot survive” without a justice system that guarantees equal treatment of all its citizens.

“Disagreements about politics are good for our democracy. They are normal,” Garland wrote. “But using conspiracy theories, falsehoods, violence and threats of violence to affect political outcomes is not normal.”

“The short-term political benefits of those tactics will never make up for the long-term cost to our country,” he added. “Continued unfounded attacks against the Justice Department’s employees are dangerous for people’s safety. They are dangerous for our democracy. This must stop.”

Katelynn Richardson:

Garland ignores the differences in the prosecution of Trump and Biden for similar behavior with classified documents.

For instance, Trump’s case involved an armed raid on Mar-a-Lago, while in Biden’s case his personal lawyers searched his papers.

The DOJ has spent over $23 million on the two investigations into former President Donald Trump, while spending only around $6.4 million on the probe into Biden’s handling of classified documents, according to numbers released in January.

The Biden DOJ also opposed efforts to limit its “settlement slush fund,” which enables it to direct funds toward left-wing nonprofits.

Jonathan Turley:

This week, Attorney General Merrick Garland took to the pages of the Washington Post to lash out at critics who are spreading what he considers “conspiracy theories crafted and spread for the purpose of undermining public trust in the judicial process itself.” His column, titled “Unfounded attacks on the Justice Department must end,” missed the point.