Merrick Garland Helped Destroy Biden’s Presidency

Joe Biden was good on policy, but terrible on politics. That’s how I’d define his presidency and one of the worst political moves he made was appointing Merrick Garland attorney general. Garland then proceeded to spend the next four years doing not a goddamn thing to punish Donald Trump for his crimes, helping to normalize the son of a bitch and now here we are. Let’s damn Merrick Garland forever.

It has often been said that Donald Trump was running for president to keep himself out of prison. Mission accomplished.

But the fact that Trump wasn’t behind bars long ago, that he didn’t suffer any consequences for his criming and now likely never will, can be laid squarely at the feet of one man: Attorney General Merrick Garland. Garland dragged his feet on prosecuting Trump for election interference and pilfering classified documents, making it easy for him to run out the clock. 

Coming in on the heels of a literal insurrection, Garland was a bad fit for his job from the jump. He made clear early on that he didn’t see addressing issues from the Trump era as a priority, declaring that he would not look backward. Garland is an institutionalist, leading him to see his real job as protecting the Department of Justice rather than imposing any consequences on Bill Barr and others who turned the DOJ into a corrupt playground.

Someone who saw the abstract notion of an institution as more important than actual people and actual wrongdoing was never going to be the person who aggressively pursued an ex-president whose crimes were always in full view, which was what the country desperately needed back in 2021.

Rather than moving quickly to prosecute people — including Trump — for January 6, Garland’s first moves were to take actions that actually favored Trump, all in the name of protecting the institution.

In May 2021, the DOJ went to court to block the release of most of a Bill Barr memo that might have revealed how hard Barr worked to avoid charging Trump with obstruction of justice after the Mueller report. There, Garland was continuing work that had begun under Trump. But while it made sense that Barr would want to block the release of information revealing his role in helping Trump, it made no sense for Garland to want the same. The country had both a right and a need to learn everything possible about what happened during the first Trump presidency and led to a spasm of treasonous violence. That’s far more important than getting a generally favorable ruling on the DOJ’s right to sit on memos. 

Garland also moved quickly to defend Trump against defamation claims by E. Jean Carroll, brought after Trump claimed she made up her accusation of sexual assault to sell books. The DOJ filed a brief substituting the government as the defendant for Trump so it could argue that Trump’s defamation of Carroll was done in the scope of his employment as president, which would likely have resulted in the case getting dismissed. As with the Barr memo, Garland decided it was more important to preserve the DOJ’s general ability to protect federal officials from defamation claims than to acknowledge the unprecedented nature of Trump’s behavior and let him suffer the consequences he clearly deserved. 

Taken in a vacuum, neither of these actions would be quite so galling. In both instances, Garland was generally trying to maximize the DOJ’s power, which isn’t necessarily awful. But what is galling is that he took these two steps with such swiftness, only a few months after being confirmed, while not showing nearly the same concern to address Trump’s crimes. 

There’s really so much more. The promotion of this guy by both Obama and Biden demonstrated how both completely misunderstood the political context in which they existed. With Obama, it probably didn’t matter much. With Biden, it was absolutely crucial and the failure is on Garland, yes, but it is also on Joe.