Merrick Garland

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      Merrick Garland vows to pursue all those responsible for 6 January attack

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      Merrick Garland vows to pursue all those responsible for 6 January attackAttorney general says justice department has ‘no higher priority’ and promises further actions over ‘assault on our democracy’ The US attorney general, Merrick Garland, on Wednesday vowed that the justice department would hold accountable all those responsible for the deadly 6 January attack, whether they were physically present at the Capitol or not.Garland’s remarks come as he faces growing calls from lawmakers, legal experts and former elected officials to intensify the department’s investigation into the events of Capitol assault, and in particular to prosecute those who helped orchestrate the failed attempt to overturn the 2020 election results, including Donald Trump and his associates.More than 1,000 US public figures aided Trump’s effort to overturn electionRead moreIn a solemn speech on the eve of the first anniversary of the assault on the seat of government, Garland said it did not matter whether the perpetrators had been present at the Capitol riot or committed other crimes that wrought chaos on that day.“The justice department remains committed to holding all January 6th perpetrators, at any level, accountable under law – whether they were present that day or were otherwise criminally responsible for the assault on our democracy,” Garland said in his address, delivered from the justice department’s Great Hall in Washington. “We will follow the facts wherever they lead.”Garland recounted in detail the brutality of the day, contesting a rightwing revisionist narrative that the attack was not violent. Officers had been assaulted with pipes and poles, beaten and shocked with stun guns, he said. One officer had been dragged down the stairs by rioters, while lawmakers and the vice-president fled for their lives.“As a consequence, proceedings in both chambers were disrupted for hours – interfering with a fundamental element of American democracy: the peaceful transfer of power from one administration to the next,” he said. “Those involved must be held accountable, and there is no higher priority for us at the Department of Justice.”Garland did not mention Trump by name, and in keeping with the justice department’s longstanding rule not to comment on ongoing investigations, he did not detail any possible leads the department was pursuing related to the former US president, his family or his allies.But the carefully crafted speech seemed designed to address concerns about the focus of the investigation. Garland said he understood the intense public interest in the case and promised that the actions taken by the department so far “will not be our last”.The department’s work so far, he explained, was laying the foundation for more serious and complicated cases. “In complex cases, initial charges are often less severe than later charged offenses,” he said. “This is purposeful as investigators methodically collect and sift through more evidence.“There cannot be different rules for the powerful and the powerless,” he added.The investigation into the events of 6 January was one of the “largest, most complex and most resource-intensive investigations” in the nation’s history, Garland said.To date, he said, investigators had issued 5,000 subpoenas and search warrants, seized 2,000 devices, viewed 20,000 hours of video footage, searched 15 terabytes of data and received 300,000 tips from the public. More than 700 people in nearly all 50 states and the District of Columbia have been charged for their roles in the insurrection, which left 140 law enforcement officers injured. Five officers who defended the Capitol that day have since died.Reading their names aloud, Garland asked for a moment of silence to remember the fallen officers.On Thursday, Democratic leaders in Congress will host a day of remembrance events, beginning with speeches from Joe Biden and Kamala Harris at the US Capitol.Previewing his speech, the White House press secretary, Jen Psaki, said Biden would acknowledge “the singular responsibility President Trump has for the chaos and carnage” of 6 January.“The president is going to speak to the truth of what happened, not the lies that some have spread since, and the peril it posed to the rule of law and our system of democratic governance,” Psaki said, adding that Biden was “clear-eyed about the threat the former president represents to our democracy and how the former president constantly works to undermine basic American values and rule of law”.Garland’s remarks extended beyond the events of 6 January. He lamented a rise in violence that has touched nearly every aspect of American life. He pointed to attacks on elections officials, airline crews, teachers, journalists, police officers, judges and members of Congress.“These acts and threats of violence are not associated with any one set of partisan or ideological views,” he warned. “But they are permeating so many parts of our national life that they risk becoming normalized and routine if we do not stop them.”The justice department, he promised, would work within the bounds of the first amendment to prosecute all those who made unlawful threats. He also committed the department to using “the enforcement powers we have” to protect voting rights, warning of efforts in some states to audit election results, drive out election officials or allow state lawmakers to overturn the will of voters.“As with violence and threats of violence, the justice department – even the Congress – cannot alone defend the right to vote,” he said. “The responsibility to preserve democracy – and to maintain faith in the legitimacy of its essential processes – lies with every elected official and every American.”TopicsMerrick GarlandUS Capitol attackUS politicsBiden administrationJoe BidennewsReuse this content More

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      Justice department sues state of Georgia over laws that 'deny the right to vote' – video

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      The justice department is suing the state of Georgia over the new voting laws it says violate the Voting Rights Act and suppress Black Americans’ right to vote.
      Attorney General Merrick Garland made the announcement after the justice department scrutinized a wave of new laws in Republican-controlled states that tighten voting rules.
      Under the bill, the legislature gave itself power to remove local election officials deemed to be underperforming and added a voter ID requirement for mail ballots. It will result in fewer ballot drop boxes in metro Atlanta

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      Merrick Garland confirmed as attorney general, turning page on Trump era

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      Merrick Garland has been confirmed as America’s top law enforcement officer, a boost for Joe Biden’s drive against racial discrimination in the criminal justice system.Garland’s rise to attorney general, approved 70-30 by the US Senate in a strongly bipartisan vote, turns the page on former president Donald Trump’s harsh “law and order” rhetoric and efforts to bend the justice department to his will.It also marks a poignant second chance for the 68-year-old judge who, nominated to the supreme court by then president Barack Obama in 2016, was denied a hearing by Senate Republicans on the pretext that it was an election year.This time around his confirmation had been widely expected, especially after a relatively uneventful hearing where Republicans landed few punches. Mitch McConnell, who was Garland’s nemesis in 2016, told reporters last Tuesday that he would back him for attorney general.“After Donald Trump spent four years – four long years – subverting the powers of the justice department for his own political benefit, treating the attorney general like his own personal defense lawyer, America can breathe a sigh of relief that we’re going to have someone like Merrick Garland leading the justice department,” said Majority Leader Chuck Schumer ahead of the vote. “Someone with integrity, independence, respect for the rule of law and credibility on both sides of the aisle.”McConnell said he was voting to confirm Garland because of “his long reputation as a straight shooter and a legal expert” and that his “left-of-center perspective” was still within the legal mainstream.“Let’s hope our incoming attorney general applies that no-nonsense approach to the serious challenges facing the Department of Justice and our nation,” McConnell said.Garland faces a daunting inbox at a justice department that critics say was left in tatters by Trump and his own attorney general, William Barr. He must attempt to restore morale while addressing demands for racial justice in the wake of last year’s police killing of George Floyd and widespread Black Lives Matter protests.At last week’s confirmation hearing in Washington, Garland stressed his commitment to combating racial discrimination in policing, arguing that America does not “yet have equal justice” as well as confronting the rise in extremist violence and domestic terror threats.He said his first briefing as attorney general would be focused on the insurrection at the US Capitol on 6 January. He told the committee he fears that the riots were “not necessarily a one-off” and pledged to provide prosecutors with all the resources they need to bring charges over the mob violence.“We must do everything in the power of the justice department to prevent this kind of interference with policies of American democratic institutions,” he said.Born in Chicago and educated at Harvard, Garland is a federal appellate judge and former prosecutor. He held senior positions at the justice department including as a supervisor in the prosecution of the 1995 Oklahoma City bombing, which killed 168 people and led to the execution of Timothy McVeigh.Last week, reflecting on the rise in hate crimes and extremist groups, he said: “I certainly agree that we are facing a more dangerous period than we faced in Oklahoma City.”Garland assured senators that the justice department would remain politically independent – a line that often became blurred under Trump and Barr. He emphasized that he had never spoken to Biden about a federal tax investigation into the president’s son, Hunter Biden, and that he did not expect interference from anyone.“The president nominates the attorney general to be the lawyer, not for any individual, but for the people of the United States,” he said.At one point in the hearing, Garland fought back tears after Cory Booker of New Jersey asked him about his own family’s experience of hateful extremism.“I come from a family where my grandparents fled antisemitism and persecution,” the judge said. “The country took us in, and protected us, and I feel an obligation to the country to pay back, and this is the highest, best use of my own set of skills to pay back.“So I very much want to be the kind of attorney general that you’re saying I could become, and I’ll do my best to become that kind of attorney general.”Associated Press contributed to this report More

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      US Capitol rioters ‘came prepared for war’, Senate hears in testimony

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      Testifying on Tuesday in the first congressional hearing on the US Capitol attack, the chief of Capitol police who resigned over the riot said the pro-Trump mob which stormed the building “came prepared for war”.
      Merrick Garland would seem to agree. In a confirmation hearing on Monday which set the scene for Tuesday’s session before the Senate homeland security and rules committees, Joe Biden’s nominee for attorney general said he would expand the criminal investigation into the 6 January assault, telling Congress domestic terrorism is a greater threat to American democracy than it has been for decades.
      Before the Senate judiciary committee, Garland described the insurrection of Trump supporters and white supremacists as “a heinous act that sought to disrupt a cornerstone of our democracy”. He said his first act if confirmed would be to focus on domestic terror.
      Describing the events of 6 January as “not necessarily a one-off”, Garland, currently a federal judge, pledged to use the full powers of the justice department to prevent a repeat attack.
      “I intend to look more broadly at where this is coming from, what other groups there might be that could raise the same problem in the future,” he said.
      On Tuesday, the two top officials in charge of securing the Capitol the day of the deadly assault were called to give evidence to Congress.
      Paul Irving, the former sergeant-at-arms for the House, and Michael Stenger, his equivalent for the Senate, both resigned after the breach. Their testimony marked the start of a congressional investigation into security lapses behind the insurrection.
      Stenger said: “This was a violent, coordinated attack where the loss of life could have been much worse.”
      Irving said: “Based on the intelligence, we all believed that the plan met the threat, and we were prepared. We now know we had the wrong plan.” More

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      Merrick Garland vows to target white supremacists as attorney general

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      At his Senate hearing on Monday, attorney general nominee Merrick Garland will pledge to prosecute “white supremacists and others” who attacked the US Capitol on 6 January, in support of Donald Trump’s attempt to overturn his election defeat.The pledge was contained in Garland’s opening testimony for the session before the Senate judiciary committee, released on Saturday night.“If confirmed,” Garland said, ‘I will supervise the prosecution of white supremacists and others who stormed the Capitol on 6 January – a heinous attack that sought to disrupt a cornerstone of our democracy: the peaceful transfer of power to a newly elected government.”Five people including a police officer died as a direct result of the attack on the Capitol, before which Trump told supporters to “fight like hell” against the result of the presidential election. Trump lost to Joe Biden by 306-232 in the electoral college and by more than 7m ballots in the popular vote. More than 250 participants in the Capitol riot have been charged. As NPR reported, “the defendants are predominantly white and male, though there were exceptions. “Federal prosecutors say a former member of the Latin Kings gang joined the mob, as did two Virginia police officers. A man in a ‘Camp Auschwitz’ sweatshirt took part, as did a Messianic Rabbi. Far-right militia members decked out in tactical gear rioted next to a county commissioner, a New York City sanitation worker, and a two-time Olympic gold medalist.”In his testimony, Garland made reference to his role from 1995 to 1997 in supervising the prosecution of the perpetrators of the Oklahoma City Bombing, a white supremacist atrocity in which 168 people including 19 children were killed.Trump was impeached for a second time on a charge of inciting an insurrection but was acquitted after only seven Republicans joined Democrats in the Senate in voting to convict, 10 short of the majority needed.“It is a fitting time,” Garland said, “to reaffirm that the role of the attorney general is to serve the rule of law and to ensure equal justice under the law.”The 68-year-old federal appeals judge was famously denied even a hearing in 2016 when Republican Senate leader Mitch McConnell blocked him as Barack Obama’s third pick for the supreme court.Biden’s selection of Garland for attorney general is seen as a conciliatory move in a capital controlled by Democrats but only by slim margins, the Senate split 50-50 with Vice-President Kamala Harris the tie-breaking vote.In his testimony, Garland said he would be independent from Biden, being sure to “strictly regulate communication with the White House” and working as “the lawyer … for the people of the United States”.Trump pressured his first attorney general, Jeff Sessions, to do his bidding, then saw his second, William Barr, largely do so, running interference on the investigation of Russian election interference and ties between Trump and Moscow. If confirmed, Garland will face sensitive decisions over matters including Trump, now exposed to criminal and civil investigation, and Hunter Biden, the new president’s son whose tax affairs are in question as he remains a target for much of the right.Some on the left have expressed concern that Garland might be too politically moderate. Black Lives Matter founder LaTosha Brown, for example, told the Guardian: “My concern is that he does not have a strong civil rights history … even when Obama nominated him, one of the critiques was that he was making a compromise with what he thought was a ‘clean’ candidate to get through.”In his testimony, Garland said justice department civil rights work must be improved.“Communities of colour and other minorities still face discrimination in housing, education, employment, and the criminal justice system,” he said, “and bear the brunt of the harm caused by pandemic, pollution, and climate change.”Garland is expected to be confirmed. More

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      Joe Biden to nominate Merrick Garland for next US attorney general

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      Joe Biden will nominate the federal appeals judge Merrick Garland to be the next US attorney general, a transition official for the president-elect said on Wednesday, a choice most Americans know as the supreme court nominee of Barack Obama who was memorably blocked by Republicans.Garland, 68, serves as a judge on the US court of appeals for the District of Columbia circuit. Obama, a Democrat, nominated him to the supreme court in 2016 while Biden was vice-president, but the Republican-controlled US Senate refused to hold hearings on the nomination.Biden, who takes office in two weeks, also intends to nominate justice department veterans Lisa Monaco as deputy attorney general and Kristen Clarke as the assistant attorney general to the civil rights division, the official said.During his election campaign, Biden pledged to take steps to end racial disparities in sentencing by eliminating mandatory minimum sentences, ending the use of the federal death penalty and restoring the justice department’s role of investigating and holding police departments accountable for “systemic misconduct”.While many of these initiatives would require approval from Congress, Garland as attorney general will still have significant power to address these topics through changes in policy, such as by instructing prosecutors not to seek the death penalty or to make charging decisions that will not trigger mandatory minimums.The news came as Democrats looked set to win two US Senate seats up for grabs in Georgia runoff elections held on Tuesday, which would give the party control of both houses of Congress and give Biden more leeway to enact his agenda.Garland, who has served on the federal appeals bench since 1997, is no stranger to the justice department.Before becoming a judge, he worked as a federal prosecutor where he helped secure a conviction against Timothy McVeigh for the 1995 Oklahoma City bombing that killed 168 people. He was also on the team that helped secure a conviction of former District of Columbia mayor Marion Barry for cocaine possession.Garland held other key posts at the justice department, including serving as principal deputy associate attorney general to the deputy attorney general, Jamie Gorelick, starting in 1994.Obama nominated Garland in March 2016 to replace the long-serving conservative justice Antonin Scalia, who died on 13 February 2016. But the then Senate majority leader, Mitch McConnell, a Republican, refused to consider the nomination on the grounds it should not occur in a presidential election year.That stance, assailed by Democrats at the time, came under further criticism two months before the 2020 presidential election, when McConnell rushed to confirm Donald Trump’s nominee, Amy Coney Barrett, to fill the vacancy of the late liberal Justice Ruth Bader Ginsburg.While serving as attorney general under Trump until last month, William Barr faced criticism for his willingness to intervene in criminal cases in ways that benefited Trump’s political allies, such as Michael Flynn and Roger Stone. More