[Congressional Record Volume 167, Number 44 (Tuesday, March 9, 2021)]
[Senate]
[Pages S1413-S1414]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                  Nomination of Merrick Brian Garland

  Madam President, the last person up is Merrick Garland, nominee for 
Attorney General. He is, simply put, the right nominee to lead the 
Justice Department. I believe that is true for three primary reasons: 
one, his integrity; two, his experience; and three, his humility.
  Let me begin with integrity.
  The Attorney General occupies a unique role in the Cabinet. Although 
serving at the pleasure of the President and responsible for 
implementing his policy initiatives, the Attorney General is also the 
Nation's law enforcement officer.
  The AG oversees a Department that must remain impartial, unbiased, 
and independent. To balance these two roles requires a nominee who is 
beyond reproach, who understands the need to separate personal 
preference from constitutional principles, and who has the courage to 
stand steadfast in the face of political pressure. Merrick Garland is 
such a nominee.
  As a judge of the DC Circuit for more than 20 years, he has been 
guided by an abiding faith in the rule of law and a firm commitment to 
make equal justice for all a reality. It is no surprise, then, that 
more than 60 former Federal judges and more than 150 former Justice 
Department officials, appointed by Presidents of both parties, have 
expressed their strong support for Judge Garland's nomination. They 
know that Judge Garland will carry his integrity and his independence 
with him in his new role, and the public will soon see the same 
integrity and independence in the new Department of Justice, a welcome 
change from the past 4 years.
  Judge Garland also has the experience needed to lead the Department 
from the first day on the job. Before he served on the DC Circuit, 
Judge Garland served with distinction in multiple Justice Department 
roles--as a special assistant to the Attorney General, assistant U.S. 
Attorney, a deputy in the Criminal Division, and top adviser to the 
Deputy Attorney General.
  We know, of course, it was Judge Merrick Garland who ably and 
admirably led the investigation and prosecution of the Oklahoma City 
bombing--the worst domestic terrorism attack, to date, in modern 
American history--and he will, no doubt, draw upon that experience as 
the Department brings to justice those who perpetrated the hideous 
January 6 Capitol insurrection and works to prevent further attacks.
  But as Judge Garland highlighted at his hearing, his prior tenure at 
the Department of Justice has also given him insight into what is vital 
for the Department's success, from the importance of career prosecutors 
and agents to the breadth of the Department's responsibilities.
  Finally, Judge Garland has what I believe to be a characteristic that 
is often overlooked when we evaluate nominees: humility. He is mindful 
of the Department's history, a founding rooted in protecting the civil 
rights enshrined in the 13th, 14th, and 15th Amendments--and he is 
mindful of just how much work remains in the fight for civil rights.

  He is mindful of the enormous power that prosecutors hold and the 
need to wield that power responsibly. In fact, he told us as much at 
the hearing when he quoted Robert Jackson, the Attorney General and 
later Supreme Court Justice, in saying:

       The citizen's safety lies in the prosecutor who tempers 
     zeal with human kindness, who seeks truth and not victims, 
     who serves the law and not factional purposes, and who 
     approaches the task with humility.

  He is mindful of the opportunities that this country has provided him 
yet remain elusive for far too many. President Biden nominated Judge 
Garland to serve with a team of senior Justice Department leaders.
  Today, we had a hearing with Lisa Monaco, who is aspiring to be his 
Deputy Attorney General; Vanita Gupta, who is aspiring to be his 
Associate Attorney General; and, later, we will have a hearing with 
Kristen Clarke, who wishes to be Assistant Attorney General for Civil 
Rights.
  This is an exceptionally well-qualified team of DOJ veterans eager to 
serve. When the committee reported Judge Garland's nomination, I am 
happy to report that four Republicans joined all the Democrats, making 
it a bipartisan rollcall. I think it is worth quoting again. Here is 
what Judge Garland said:

       I come from a family where my grandparents fled anti-
     Semitism and persecution. The country took us in and 
     protected us.

[[Page S1414]]

     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.

  Judge Garland's motivation for serving as the Nation's next Attorney 
General is powerful, it is honest, and it is humble.
  I want to close by coming full circle, so to speak. At Judge 
Garland's hearing, I noted that, if confirmed, he would be standing on 
the shoulders of predecessors like Robert Kennedy, who called on 
Congress to enact sweeping civil rights legislation. Well after that 
hearing, the committee received a letter from over 30 members of the 
Kennedy family, and they likened what faces Judge Garland to what faced 
the young Robert Kennedy as he took up his position as Attorney 
General. They wrote--the Kennedy family--and I quote:

       We are confronted by the same challenges today, 
     particularly in voting rights, in the actions of some of our 
     police officers, and in great disparities in housing, health, 
     and jobs. Merrick Garland's record shows he is dedicated to 
     the kind of justice that does not simply punish but lifts 
     people up so their best selves can be fulfilled.

  That is precisely the kind of Attorney General America needs and the 
kind of Attorney General Merrick Garland will be. I look forward to 
voting for him, and I urge all of my colleagues to do the same.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Murphy). The Senator from Ohio.