Fidelity to the Constitution and the law has been the cornerstone of my professional life, and it’s the hallmark of the kind of judge I have tried to be for the past 18 years. If the Senate sees fit to confirm me to the position for which I have been nominated today, I promise to continue on that course.
86th United States Attorney General
Merrick Brian Garland (born November 13, 1952) is an American attorney and jurist serving as the 86th United States attorney general since March 2021. He served as a United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit from 1997 to 2021. After serving as a law clerk to Judge Henry J. Friendly of the United States Court of Appeals for the Second Circuit and Justice William J. Brennan Jr. of the Supreme Court of the United States, he practiced corporate litigation at Arnold & Porter and worked as a federal prosecutor in the United States Department of Justice, where he played a leading role in the investigation and prosecution of the Oklahoma City bombers. President Barack Obama, a Democrat, nominated Garland to serve as an associate justice of the Supreme Court in March 2016 to fill the vacancy created by the death of Antonin Scalia. However, the Republican Senate majority refused to hold a hearing or vote on his nomination.
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They tell you in Washington, that if you want a friend get a dog. Harry Truman said that. That is not true. Get a family. This is a hard place to be. No matter how much honor you have, people will attack you one way or the other. And the principle solace that you get is from your family. Because they’re behind you no matter what happens. So never forget about that. Whatever interests you have in your career, you have to balance it with a deep relationship with your family.
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As we begin a new year — and as we prepare to mark a solemn anniversary tomorrow – it is a fitting time to reaffirm that we at the Department of Justice will do everything in our power to defend the American people and American democracy. We will defend our democratic institutions from attack. We will protect those who serve the public from violence and threats of violence. We will protect the cornerstone of our democracy: the right to every eligible citizen to cast a vote that counts. And we will do all of this in a manner that adheres to the rule of law and honors our obligation to protect the civil rights and civil liberties of everyone in this country.
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For myself the balance came from always driving my children to school. So that every day we had that first half-hour, 45 minutes of nothing but uninterrupted time. Sometimes it was just a bunch of sarcasm. Sometimes it was just listening to the radio. But sometimes it was real explanation of what the kids were thinking what they were worried about.
Since I became attorney general, I have made clear that the Department of Justice will speak through its court filings and its work. Just now, the Justice Department has filed a motion in the Southern District of Florida to unseal a search warrant and property receipt relating to a court approved search that the FBI conducted earlier this week. That search was a premises located in Florida, belonging to the former president. The department did not make any public statements on the day of the search. The former president publicly confirmed the search that evening, as is his right. Copies of both the warrant and the FBI property receipt were provided on the day of the search to the former president's counsel, who was on site during the search. The search warrant was authorized by a federal court upon the required finding of probable cause. The property receipt is a document that federal law requires law enforcement agents to leave with the property owner. The department filed the motion to make public the warrant and receipt in light of the former president's public confirmation with the search, the surrounding circumstances and the substantial public interest in this matter.
The great joy of being a prosecutor is that you don’t take whatever case walks in the door. You evaluate the case, you make your best judgement, you only go forward if you believe that the defendant is guilty. You may well be wrong, but you have done your best to ensure that as far as the evidence that you are able to attain, the person is guilty. It is the kind of even-handed balancing that a judge should undertake although of course a judge has the advantage of having somebody speak for the other side.
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.