Attorney General Merrick Garland recently took to the pages of the Washington Post to lash out at critics he accuses of spreading “conspiracy theories” aimed at undermining public trust in the judicial process. In his column, titled “Unfounded attacks on the Justice Department must end,” Garland’s message misses the point entirely. The real issue is not the critics but Garland himself, who has proven to be the true obstacle to justice and democracy.
Garland has continuously portrayed himself as apolitical and impervious to White House pressures. When he was nominated, many, including myself, believed in his commitment to impartiality, given his record as a moderate judge. However, his tenure has revealed a starkly different reality. Garland has shown a pronounced reluctance to take steps that could potentially threaten President Biden. This bias is particularly evident in his handling of investigations involving the Biden family.
From the outset, Garland slow-walked the appointment of a special counsel to investigate the Bidens, limiting the scope to exclude the massive influence-peddling operation involving Hunter Biden, his uncle, and others. This reluctance has only grown more troubling in the last six months, leaving many disillusioned by Garland’s failure to uphold his initial promises of impartiality.
The inconsistencies in Garland’s actions are glaring. Special Counsel Robert Hur found that Biden had knowingly retained and mishandled classified material but concluded that Biden’s age and diminished faculties would make him too sympathetic to a jury. This excuse is laughable, considering Biden is running for re-election to lead the most powerful nation on Earth. More importantly, Garland has not made efforts to maintain consistency in similar cases, refusing to drop charges against Trump for the same crimes.
Garland has allowed Special Counsel Jack Smith to maintain positions that starkly contradict past Justice Department policies. This includes Smith’s statement about trying Trump up to (and even through) the next election, and a sweeping gag order that would have severely curtailed Trump’s free speech. While Garland insists on the independence of special counsels, it falls upon him to ensure the consistency and integrity of his department’s actions.
One of Garland’s most blatantly political acts is his claim of executive privilege to withhold the audiotape of the Hur-Biden interviews. The Justice Department has not claimed privilege over the transcript, only the audiotape of Biden’s comments—a move so logically disconnected that even CNN hosts have mocked it. The absurdity doesn’t end there. The Justice Department further compounded its ridiculous stance by arguing a “deepfake privilege,” suggesting that releasing the audiotape could enable AI systems to create fake versions of the president’s words. This claim ignores the abundance of public sources already available for such deepfakes, making the argument not just flawed but downright nonsensical.
More troubling still is Garland’s handling of referrals for prosecution cases of perjury against Hunter Biden and his uncle, James Biden. Despite compelling evidence and open-and-shut allegations of lying to Congress, there is widespread belief that Garland will slow-walk and eventually scuttle these referrals to protect the Bidens. This stands in stark contrast to the swift actions taken against Trump officials for similar offenses, highlighting a clear double standard.
The questions at issue for Hunter Biden were not “gotcha” traps but some of the most discussed topics leading up to his testimony. Hunter is accused of lying about his position at Rosemont Seneca Bohai, which moved millions from foreign entities to him, and about the recipient of his controversial message to a Chinese businessman, in which he threatened that his father was sitting “right next to me.” The Chinese promptly wired the money as demanded. Despite these demonstrably untrue answers, there is little faith that the Justice Department will pursue the matter.
In stark contrast to Garland’s actions, a jury in Wilmington, Delaware, showed true commitment to justice. Despite facing overwhelming evidence of Hunter Biden’s guilt, his legal team pursued a jury-nullification strategy, banking on the hometown support for the Bidens. Yet, the jury convicted Hunter on all counts without hesitation, proving that true justice can prevail even in the face of political bias.
Garland needs to show a fraction of this courage and principle as Attorney General. He should start by dropping the farcical privilege claims over the audiotape and forwarding the perjury referrals to the U.S. Attorneys Office for the same priority treatment afforded to Trump officials like Flynn. As it stands, few believe Garland will take these necessary steps, casting serious doubt on his oft-repeated claims of transcending politics.
The true threat to democracy is not the critics questioning the Justice Department but an Attorney General who uses his power to shield political allies. Garland’s actions have shown that when he speaks of protecting democracy, he is really protecting the status quo and his political interests. It’s time for Garland to act in the spirit of the rule of law and justice, as demonstrated by the 12 jurors in Wilmington.
And Remember:
Trust no Single Source
Trust Your Gut
and Stay Curious
Jesse
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