[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

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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

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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.

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