Attorney General Merrick Garland broke precedent just weeks before the November election, delivering politically charged remarks at the U.S. Attorneys’ National Conference in Washington – pointedly speaking publicly rather than privately in a departure from his usual practice.
“Our norms are a promise that we will not allow this department to be used as a political weapon,” he said before a packed house, gathered in the Great Hall of DOJ headquarters on Sept. 12. “Federal prosecutors and agents may never make a decision regarding an investigation or prosecution for the purpose of affecting any election or the purpose of giving an advantage or disadvantage to any candidate or political party.”
Garland’s words came in response to former President Trump’s assertion during his debate with Kamala Harris that the FBI and Justice Department had been weaponized against him. But in issuing a fiery rebuttal, the attorney general put himself squarely where he said he didn’t want to be: namely, in the crossfire of a partisan political campaign.
Moreover, in the view of many, his assertions clearly belie the Justice Department’s deeds. These critics say it’s obvious that the FBI and DOJ have repeatedly put a thumb on the scale of justice to defeat Trump. In 2016, it was the Russia-gate collusion hoax. In 2020 it was the FBI’s refusal to say not only that it was in possession of Hunter Biden’s incendiary laptop, but that it had verified its contents, even as Joe Biden claimed erroneously that it was a Russian plant.
Most recently, after being rebuffed by the Supreme Court, Special Counsel Jack Smith filed a new indictment against Donald Trump regarding the 2020 election, just 74 days before Election Day. DOJ guidelines advise against filing politically relevant charges 60 days before an election.
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