Nomination of Merrick Brian Garland

Floor Speech

Date: March 10, 2021
Location: Washington, DC

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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 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.

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