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Merrick Garland

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Merrick Garland
Image of Merrick Garland

Nonpartisan

Prior offices
United States Court of Appeals for the District of Columbia Circuit
U.S. Attorney General
Successor: James McHenry
Predecessor: Monty Wilkinson

Education

Bachelor's

Harvard University, 1974

Law

Harvard Law School, 1977

Personal
Birthplace
Chicago, Ill.

Merrick Brian Garland was the Attorney General of the United States from 2021 to 2025. He was sworn in on March 11, 2021.[1] President Joe Biden (D) nominated Garland for attorney general on January 7, 2021. In a press release, his transition team said Garland was a "consensus-building voice" who "led investigations into some of the most high-profile cases and crises in modern history, including the 'Unabomber' Ted Kaczynski, and coordinated the government’s response to the Oklahoma City bombing."[2] The Senate confirmed Garland on March 10 by a vote of 70-30. Click here for more information about his confirmation process.

Garland began his career clerking for federal appellate Judge Henry Friendly and Supreme Court Justice William J. Brennan. He worked corporate litigation before becoming an assistant attorney general in the Clinton administration. Clinton nominated Garland to serve as an Article III federal judge on the United States Court of Appeals for the District of Columbia Circuit in 1997. Garland served as chief judge for seven years between 2013 and 2020. He retired from the court on March 10, 2021, following his confirmation.[3]

In March 2016, President Barack Obama (D) nominated Garland to fill the late Justice Antonin Scalia's seat on the United States Supreme Court.[4] The Senate did not vote on Garland's nomination. Senate Majority Leader Mitch McConnell said the Senate would wait to vote on a nomination made by the winner of the 2016 presidential election. On January 3, 2017, the Senate returned Garland's nomination to President Obama without a vote at the adjournment of the 114th Congress.[5] Justice Neil Gorsuch ultimately filled Scalia's vacancy after 422 days, which set a record for the longest Supreme Court vacancy since at least 1962. Click here to read more about Garland's nomination.

On July 1, 2022, Garland's office announced five focus areas for the Justice Department during his tenure: "upholding the rule of law, ... counter[ing] both foreign-based and domestic-based threats, ... protecting civil rights, ... ensuring economic opportunity and fairness for all, ... administering a just court and correctional system." [6]

In November 2022, Garland appointed special counsel Jack Smith to investigate whether any individual or entity "unlawfully interfered with the transfer of power following the 2020 presidential election or the certification of the Electoral College vote held on or about January 6, 2021." Garland also tasked Smith with investigating allegations that former President Donald Trump (R) had knowingly taken classified documents to his home at Mar-a-Lago after he left office and obstructed investigators who attempted to retrieve them.[7]

On January 12, 2023, Garland appointed special counsel Robert Hur to investigate allegations Biden had improperly stored classified documents at his home in Delaware.[8] Hur announced he would not pursue charges on February 8, 2024.[9]

Early life and education

Garland was born in Chicago, Illinois. He graduated from Harvard College with his bachelor's degree in 1974 and Harvard Law School with his J.D. in 1977.[10]

Professional career

The following is a summary of Garland's career:[10]

"Meet Merrick Garland" – Obama White House, March 16, 2016

Nomination for attorney general

See also: Joe Biden's Cabinet and Confirmation process for Merrick Garland for U.S. attorney general
Joe Biden's Cabinet
Candidate: Merrick Garland
Position: Attorney General
ApprovedaAnnounced:January 7, 2021
ApprovedaHearing:February 22-23, 2021
ApprovedaCommittee:Judiciary
ApprovedaReported:Favorable (15-7)
ApprovedaConfirmed:March 10, 2021
ApprovedaVote:70-30

On January 7, 2021, President Joe Biden (D) announced that Garland was his nominee for U.S. attorney general.[11] This position requires Senate confirmation.

The Biden Transition said in a press release, "A consensus-building voice, Judge Garland has worked under Democratic and Republican administrations. He led investigations into some of the most high-profile cases and crises in modern history, including the 'Unabomber' Ted Kaczynski, and coordinated the government’s response to the Oklahoma City bombing. Judge Garland’s nomination underscores the [Biden's] commitment to restore integrity and the rule of law, boost morale of the dedicated career professionals at DOJ, and build a more equitable justice system that serves all Americans."[12]

The Senate Judiciary Committee held Garland's confirmation hearing for February 22-23, 2021. The Senate confirmed him on March 10, 2021, by a vote of 70-30.

Summary of Senate vote on Merrick Garland's nomination for attorney general (March 10, 2021)
Party Votes for Votes against Not voting
Democratic Party Democrats 48 0 0
Republican Party Republicans 20 30 0
Grey.png Independents 2 0 0
Totals 70 30 0


Click on the following table to view the full roll call.

Judicial career

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: Merrick Garland
Court: United States Supreme Court
Progress
Returned 293 days after nomination.
ApprovedANominated: March 16, 2016
ApprovedAABA Rating: Unanimously Well Qualified
Questionnaire: Questionnaire
DefeatedAHearing:
QFRs: (Hover over QFRs to read more)
DefeatedAReported:  
DefeatedAConfirmed:
DefeatedAReturned: January 3, 2017
See also: Supreme Court nomination of Merrick Garland

On March 16, 2016, President Barack Obama announced Merrick Garland as his nominee to fill the late Justice Antonin Scalia's seat on the United States Supreme Court.[13] The American Bar Association rated Garland Unanimously Well Qualified for the nomination.[14] On January 3, 2017, Garland's nomination was returned to President Obama at the sine die adjournment of the 114th Congress.[5]

Finalist

On March 12, 2016, The Washington Post reported, per sources, that Garland was one of three finalists for President Obama's nomination to succeed deceased Justice Antonin Scalia on the United States Supreme Court. According to the Post's report, "Obama said this week that he wanted to make a decision quickly, and his announcement could come as early as next week."[15]

Interview

On March 9, 2016, National Public Radio reported Garland was interviewed by President Barack Obama as a candidate to succeed deceased Justice Antonin Scalia on the United States Supreme Court.[13]

D.C. Circuit

Garland was first nominated to the United States Court of Appeals for the District of Columbia Circuit by former President Bill Clinton in 1995. He received a hearing in December 1995, but a vote on his nomination was delayed due to a dispute in the Senate on whether the court's twelfth seat should be filled.[16]

Clinton renominated Garland on January 7, 1997, to a seat vacated by Abner Mikva when Mikva assumed senior status.[17]

The American Bar Association rated Garland Unanimously Well Qualified at the time of his nomination process.[18]

Garland was confirmed by the U.S. Senate on March 19, 1997, on a Senate voice vote of 76 to 23; he received his commission on March 20, 1997.[17] He served as chief judge of the court from 2013 to 2020.[19]

Noteworthy cases

D.C. Circuit reverses district court ruling over CIA drone program (2013)
See also: United States Court of Appeals for the District of Columbia Circuit (American Civil Liberties Union et al. v. Central Intelligence Agency)

On March 15, 2013, a three-judge panel of the D.C. Circuit reversed a lower court's judgment in American Civil Liberties Union et al. v. Central Intelligence Agency. Judge Merrick Garland delivered the opinion of the circuit panel.

The plaintiff in this case, the American Civil Liberties Union (ACLU) and the American Civil Liberties Union Foundation, filed a request under the Freedom of Information Act for records held by the Central Intelligence Agency (CIA) pertaining to the use of unmanned aerial vehicles. Unmanned aerial vehicles are commonly referred to as UAVs or drones. The CIA refused to confirm or deny that it had any such records and moved for summary judgment, arguing that whether or not the CIA had such records was exempt from disclosure under the Freedom of Information Act. A federal district court upheld the CIA’s response and granted summary judgment in favor of the CIA. A three-judge panel of the D.C. Circuit, in an opinion by Judge Merrick Garland, reversed the district court. In his opinion for the panel, Judge Garland wrote,[20]

“

The question before us, then, is whether it is 'logical or plausible,' ... for the CIA to contend that it would reveal something not already officially acknowledged to say that the Agency 'at least has an intelligence interest' in such strikes. Given the extent of the official statements on the subject, we conclude that the answer to that question is no. ... Given ... official acknowledgments that the United States has participated in drone strikes, it is neither logical nor plausible for the CIA to maintain that it would reveal anything not already in the public domain to say that the Agency 'at least has an intelligence interest' in such strikes ... The defendant is, after all, the Central Intelligence Agency. And it strains credulity to suggest that an agency charged with gathering intelligence affecting the national security does not have an 'intelligence interest' in drone strikes, even if that agency does not operate the drones itself.[21]

”

Noteworthy events

Congress votes to find Garland in contempt (2024)

On June 12, 2024, the U.S. House of Representatives voted 216-207 to hold U.S. Attorney General Merrick Garland in contempt of Congress for refusing to release audio of special counsel Robert Hur's interview of President Joe Biden (D) recorded during the U.S. Department of Justice's investigation of Biden's handling of classified documents.[22] All Republican representatives voted in favor of the resolution except for Rep. David Joyce (R-Ohio), who voted no with 206 Democrats. Garland was the third attorney general to be found in contempt of Congress in U.S. history.[23]

Garland responded to the vote in a statement, saying, "It is deeply disappointing that this House of Representatives has turned a serious congressional authority into a partisan weapon. Today’s vote disregards the constitutional separation of powers, the Justice Department’s need to protect its investigations, and the substantial amount of information we have provided to the Committees."[22]

On June 14, 2024, Assistant Attorney General Carlos Uriarte told House Speaker Mike Johnson (R-La.) in a letter that the Department of Justice would not pursue legal charges against Garland. Uriarte wrote, "The longstanding position of the Department is that we will not prosecute an official for contempt of Congress for declining to provide subpoenaed information subject to a presidential assertion of executive privilege. [...] Consistent with this longstanding position and uniform practice, the Department has determined that the responses by Attorney General Garland to the subpoenas issued by the Committees did not constitute a crime."[24]

Approach to the law

According to The Houston Chronicle in 2010:

“ Garland is regarded by legal scholars as a moderate, and he is well respected by both Democrats and Republicans in Washington.[25][21] ”

Garland appeared before the Senate Judiciary Committee in 1995 after his first nomination to the D.C. Circuit. When asked where he would place the judicial branch in relation to the legislative and executive branches, Garland said, "Well, in terms of primacy there is no way to do that. The constitution sets all three branches out as co-equal. The obligation of the judicial branch — as far back as the decision in Marbury v. Madison — is to review the constitutionality and legality of actions by the other branches. And that is its only job, to decide cases and controversies in front of it under article three."[26]

He also noted the three justices he most admired: William Brennan, John Marshall and Oliver Wendell Holmes.[26]

Media

On August 26, 2016, Judge Garland discussed his legal career, reflected on his own experiences at Harvard Law School, and offered advice to the class of 2019.[27]

See also

External links


Footnotes

  1. ↑ Department of Justice, "Attorney General Merrick B. Garland," accessed August 10, 2023
  2. ↑ President-elect Joe Biden Announces Key Nominees for Department of Justice," January 7, 2021
  3. ↑ Department of Justice, "Attorney General Merrick B. Garland," accessed August 10, 2023
  4. ↑ NPR, "President Obama To Announce Merrick Garland As Supreme Court Nominee," accessed March 16, 2016
  5. ↑ 5.0 5.1 United States Congress, "PN 1258 — Merrick B. Garland — Supreme Court of the United States," accessed January 3, 2017
  6. ↑ Department of Justice - Office of Public Affairs, "Attorney General Merrick B. Garland Announces Department of Justice 2022-26 Strategic Plan," July 1, 2022
  7. ↑ Department of Justice, "Appointment of a Special Counsel," November 18, 2022
  8. ↑ Reuters, "Special counsel appointed to probe Biden's handling of classified documents," January 12, 2023
  9. ↑ The Washington Post, "Special counsel: No charges for Biden in classified documents probe," February 8, 2024
  10. ↑ 10.0 10.1 Federal Judicial Center, "Garland, Merrick B.," accessed November 6, 2015
  11. ↑ Biden-Harris Transition, "President-elect Biden Announces Key Nominations for the Department of Justice," January 7, 2021
  12. ↑ 4President, "President-elect Joe Biden Announces Key Nominees for Department of Justice," January 7, 2021
  13. ↑ 13.0 13.1 National Public Radio, "President Obama meets with Supreme Court candidates," March 9, 2016
  14. ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees, 114th Congress, accessed June 21, 2016
  15. ↑ The Washington Post, "President Obama reportedly is down to three finalists for Supreme Court vacancy," March 12, 2016
  16. ↑ SCOTUSblog, "The Potential Nomination of Merrick Garland," April 26, 2010
  17. ↑ 17.0 17.1 The Library of Congress, "PN6-105," accessed November 6, 2015
  18. ↑ American Bar Association, "Ratings of Article III Judicial Nominees, 105th Congress," accessed February 15, 2016
  19. ↑ Federal Judicial Center, "Garland, Merrick B.," accessed June 5, 2020
  20. ↑ U.S. Court of Appeals for the District of Columbia Circuit, American Civil Liberties Union et al. v. Central Intelligence Agency, March 15, 2013
  21. ↑ 21.0 21.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  22. ↑ 22.0 22.1 Politico, "House GOP holds Garland in contempt of Congress, escalating Justice Department feud," June 12, 2024
  23. ↑ NPR, "House votes to hold Attorney General Garland in contempt," June 12, 2024
  24. ↑ Politico, "June 14, 2024, letter," accessed June 14, 2024
  25. ↑ The Houston Chronicle, "Supreme Court contender profile: Judge Merrick Garland," April 14, 2010
  26. ↑ 26.0 26.1 The Wall Street Journal, "Judge Merrick Garland, In His Own Words," March 16, 2016
  27. ↑ YouTube, "The Honorable Merrick Garland addresses HLS Class of 2019," August 27, 2016

Political offices
Preceded by
Monty Wilkinson 		U.S. Attorney General
2021-2025		 Succeeded by
James McHenry
Preceded by
- 		United States Court of Appeals for the District of Columbia Circuit
1997-2021		 Succeeded by
Ketanji Brown Jackson



Washington, D.C.Washington, D.C. judicial newsJudicial selection in Washington, D.C.United States District Court for the District of ColumbiaUnited States Court of Appeals for the District of Columbia CircuitDistrict of Columbia Court of AppealsSuperior Court of the District of ColumbiaDCTemplate.jpg
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