[Congressional Record Volume 167, Number 45 (Wednesday, March 10, 2021)] [Senate] [Pages S1444-S1446] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] NOMINATION OF MERRICK BRIAN GARLAND Mr. CARDIN. Mr. President, I rise today to support the nomination of Merrick B. Garland to be the 86th Attorney General of the United States and urge the Senate to confirm this nomination without further delay. Merrick Garland is a fellow Marylander, and I was proud to introduce him in a statement before the Judiciary Committee on February 22. I was [[Page S1445]] pleased that last week the committee favorably recommended his nomination to the full Senate by a bipartisan vote of 15 to 7. Judge Garland is uniquely qualified at this moment in history to serve as the people's lawyer and restore honor, integrity, and independence to DOJ. Judge Garland graduated summa cum laude from Harvard College in 1974 and magna cum laude from Harvard Law School in 1977. Following graduation, he served as law clerk to Judge Henry J. Friendly of the U.S. Court of Appeals for the Second Circuit and to U.S. Supreme Court Justice William J. Brennan, Jr. From 1979 to 1981, he was Special Assistant to the Attorney General of the United States. He then joined the law firm of Arnold & Porter, where he was a partner from 1985 to 1989 and from 1992 to 1993. He served as an Assistant U.S. Attorney for the District of Columbia from 1989 to 1992 and as Deputy Assistant Attorney General in the Criminal Division of the U.S. Department of Justice from 1993 to 1994. From 1994 until his appointment as U.S. Circuit judge, he served as Principal Associate Deputy Attorney General, where his responsibilities included supervising the Oklahoma City bombing and UNABOM prosecutions. In 1997, he was appointed as judge of the U.S. Court of Appeals for the District of Columbia Circuit, often seen as the Nation's second highest and most powerful court, given their review of Federal agency actions and other matters. He served as chief judge of the D.C. Circuit from 2013 to 2020. Judge Garland has published in the Harvard Law Review and Yale Law Journal, taught at Harvard Law School, and served as president of the board of overseers of Harvard University. He served as chair of the Executive Committee of the Judicial Conference of the United States from 2017 to 2020. Judge Garland has served both Democratic and Republican administrations in the Justice Department, including service under President Carter, the first President Bush, and President Clinton. He earned a reputation as a tough and fair prosecutor who took on complicated terrorism, violent crime, and corruption cases. He established a sterling reputation of handling cases with the utmost professionalism and is seen by his peers as a modest man who is fundamentally a decent human being. In 1997, the Senate reviewed his record in detail and confirmed him by an overwhelming, bipartisan vote of 76 to 23 to serve as judge on the U.S. Court of Appeals for the D.C. Circuit. I would note that many of the no votes for Judge Garland's previous confirmation had to do with a dispute over the proper size of the D.C. Circuit, as opposed to concerns over Judge Garland's qualifications or fitness to serve as a judge. As President Biden noted in his introduction of Judge Garland's nomination, despite his busy schedule and prestigious positions, he still makes time to volunteer regularly, tutoring students in Northeast DC, as he has done for 20 years. And I agree this really shows us the true character of Judge Garland, in terms of his commitment to public service, helping others, and not necessarily seeking out the limelight. I am hopeful that Judge Garland's appointment will shore up and improve the morale at the Justice Department, as the Department renews its commitment to uphold civil rights and voting rights laws; protect the civil liberties and equal access to justice of all Americans; safeguard our national security and combat violent crime; and rout out systemic racism in our criminal justice system and government. As the only Cabinet department named after an ideal, I am convinced that Judge Garland will follow the facts, evidence, and law wherever it leads him, regardless of political pressure or outside influences. Let me close by highlighting what President Biden and Judge Garland stated upon announcing his nomination. President Biden said forcefully: ``You won't work for me. You are not the president's or the vice president's lawyer. Your loyalty is not to me. It's to the law, the Constitution.'' Judge Garland said: ``The rule of law is not just some lawyer's turn of phrase. It is the very foundation of our democracy. The essence of the rule of law is that like cases are treated alike, that there is not one rule for Democrats and another for Republicans, one rule for friends and another for foes.'' Judge Garland noted President Biden's promise that he would have the ``independent capacity'' to decide who is subject to prosecution, based on the facts and the law. Judge Garland concluded that: ``I would not have agreed to be considered for attorney general under any other conditions.'' I again urge the Senate to swiftly confirm this nomination, so we can bring Senate-confirmed leadership to the Department of Justice as soon as possible. Mr. CARPER. Mr. President, I rise today in strong support of the nomination of Judge Merrick Garland to be United States Attorney General and to describe some of the greatest challenges confronting the U.S. Department of Justice. The DOJ, as it is often called, is unlike any other Federal Agency. It is charged with protecting the constitutional rights and civil rights of all Americans. The past 4 years, to put it mildly, broke the longstanding precedent that has enabled the Department of Justice to operate above the political fray. The Trump Justice Department joined a misguided lawsuit to take away healthcare coverage for tens of millions of Americans. The Trump Justice Department oversaw a cruel set of immigration policies that separated young children from their parents at our southern border and locked these children in cages. And the Trump Justice Department remained painfully silent as our Nation cried out for racial justice in the wake of the murder of George Floyd, an unarmed Black man. After the firing of Attorney General Sessions, the Attorney General of the United States became the Attorney General for Donald Trump. When our Nation's top law enforcement official becomes little more than a political fixture for the President, it erodes the principle of equal justice under the law and calls into question the mission of the Department. In the waning days of the Trump administration, with nearly half a million Americans dead from the coronavirus, a swarm of White supremacists and other extremists stormed our Capitol, including this very Chamber, and disrupted our peaceful transfer of power. Tragically, five people died during the January 6 insurrection, including a United States Capitol police officer. Our Nation must now bring the perpetrators to justice and address the root causes in our society that enable White supremacists and other extremists to fuel hate and violence. The next Attorney General cannot shy away from these historic challenges. The next Attorney General must meet these challenges head on to restore integrity to the Justice Department and to work every day--every day--to restore the trust of the American people. President Biden has nominated Judge Garland--not just one of the finest public servants I have ever met but one of the finest people I have ever met--to be Attorney General of the United States. His name should be familiar to many of our colleagues because President Obama nominated him to serve on the Supreme Court in 2016. At the time, I called him perhaps the most qualified individual ever nominated to be on our Nation's highest Court, and I still believe that to this day. Judge Garland graduated at the top of his class at both Harvard undergrad and Harvard Law School. He clerked for Justice Brennan on the Supreme Court, and after a time in private practice, he worked at the Department of Justice, where he prosecuted the perpetrators of the Oklahoma City bombing. Judge Garland called this, and I quote him, ``the most important thing I have ever done in my life.'' In 1997, Republicans and Democrats joined together to confirm Judge Garland to the DC Circuit Court of Appeals, which is often called the ``second highest court in this land.'' Judge Garland has served honorably and dutifully for the past 24 years on the DC Circuit, including several years as its chief judge. Judge Garland has gained the respect of all of his colleagues--left, right, and center--as someone who knows the law and never allows politics into the courtroom. Judge Garland works to [[Page S1446]] build consensus and find principled compromises. Judge Garland will bring a wealth of legal, law enforcement, and judicial experience to the Department of Justice to make him uniquely qualified--uniquely qualified--to lead the Department at this critical moment. Judge Garland will be an Attorney General for all Americans--all Americans. He will not shy away from the challenges facing the Justice Department. He will meet them head on. At the top of Judge Garland's to-do list is bringing the perpetrators of the January 6 insurrection to justice. Judge Garland will make sure that the Department stays out of the political fray and remains independent from the White House. And Judge Garland will answer the calls for racial justice and refocus the Department on one of its core missions, to protect the civil rights and voting rights of all Americans. While I will never truly forget the shameful treatment of Judge Garland during his previous nomination to serve on the Supreme Court and in my heart I will always believe he should be serving on the Supreme Court today, I am grateful that Judge Garland has answered the call to serve. I am also grateful to his wife of many years. I am grateful to his family for supporting him and allowing him to serve us as he has. He is more than just a judge or attorney or a servant. He is a mentor. He is somebody who, every week, for years--20 years--has made time, found time in his life to mentor a kid who needs somebody in his life or her life. As someone who has been mentored for many years myself, I just want to say: God bless you. God bless you, Judge Garland. My hope today is he will get a resounding--resounding--vote out of this body. He has earned it. He deserves it. I yield the floor. ____________________