Attorney General Merrick Garland vowed Thursday to protect the Department of Justice (DOJ) from becoming a “political weapon,” though he made no mention of the prosecution he is overseeing against former President Donald Trump.
In his remarks to DOJ staff, Garland emphasized the DOJ’s commitment to impartiality and reiterated his mission to “strengthen” norms that guide the Department, which are enshrined in the principles of federal prosecution. While Garland cited sections of the document barring prosecutors from being influenced by “political association, activities, or beliefs” and from making decisions “for the purpose of affecting any election,” he did not address the two federal cases the Biden-Harris DOJ brought against Trump.
“There is not one rule for friends and another for foes,” Garland said. “We have only one rule. We follow the facts and apply the law in a way that respects the Constitution and protects civil liberties.”
“Our norms are a promise that we will not allow this Department to be used as a political weapon. And our norms are a promise that we will not allow this nation to become a country where law enforcement is treated as an apparatus of politics.” – AG Garland
— U.S. Department of Justice (@TheJusticeDept) September 12, 2024
Special counsel Jack Smith brought two indictments against Trump last year, one in Florida over Trump’s alleged mishandling of classified documents and another in Washington, D.C. for Trump’s alleged efforts to overturn the 2020 election. The judge overseeing Trump’s classified documents case dismissed it after finding Smith was unconstitutionally appointed by Garland, though Smith has appealed the ruling. (RELATED: Garland’s Washington Post Op-Ed Annotated With The Truth)
In July, the Supreme Court issued a decision finding former presidents are immune from prosecution for official acts taken in office. While the majority explicitly some conduct included in Smith’s original indictment is immune, such as allegations related to Trump’s conversations with Justice Department officials, it directed the lower courts to sort out whether other actions outlined in the indictment are covered by presidential immunity.
District Court Judge Tanya Chutkan, who is overseeing the case, set a schedule that enables Smith to file the first brief on the presidential immunity issue by Sept. 26. It’s expected to make previously unseen evidence public ahead of the election.
“This court is not concerned with the electoral schedule,” Chutkan said during a hearing earlier this month after Trump’s attorney objected to the timeline. (RELATED: Judge Chutkan Acknowledges She Is ‘Risking Reversal’ No Matter How She Rules In Trump Case)
Garland said Thursday that the DOJ’s norms “are a promise that we will fiercely protect the independence of this Department from political interference in our criminal investigations.”
“Our norms are a promise that we will not allow this Department to be used as a political weapon,” he said. “And our norms are a promise that we will not allow this nation to become a country where law enforcement is treated as an apparatus of politics.”
AG GARLAND on attacks against DOJ since Trump left office:
The attacks go “far beyond public scrutiny, criticism and legitimate and necessary oversight of our work.” pic.twitter.com/o80Rlihf4Z
— Senate Judiciary Committee (@JudiciaryDems) September 12, 2024
Garland also told staff that it is “dangerous and outrageous” that they must endure an escalation of attacks on their work.
“Over the past three and a half years, there has been an escalation of attacks on the Justice Department’s career lawyers, agents and other personnel that go far beyond scrutiny, criticism and legitimate and necessary oversight of our work,” he said. “These attacks have come in the form of conspiracy theories, dangerous falsehoods, efforts to bully and intimidate career public servants by repeatedly and publicly singling them out, and threats of actual violence.”
“The Justice Department will not be intimidated by these attacks,” Garland said.
In June, Garland wrote an op-ed in The Washington Post dismissing claims that the department was politicizing its work as “false.”
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