7 Important Inquiries for Attorney General Merrick Garland

The role of Attorney General in the U.S. government is undeniably challenging. What sets it apart? On one hand, the Attorney General is a political figure responsible for implementing the White House’s policy agenda. On the other hand, the Attorney General and the Department of Justice they lead are tasked with enforcing the law in a fair and impartial manner, free from partisan considerations.

Unfortunately, public trust in the Department of Justice is diminishing rapidly due to what seems to be selective enforcement. Merrick Garland, as the current Attorney General, has an opportunity – and perhaps an obligation – to restore confidence in the Department, but time is of the essence.

When enforcing the law, the Attorney General must carefully weigh the prudential reasons for pursuing a case or not, considering factors such as the potential precedent it may set, the ripple effect it could cause, or questions of fairness it may raise. This balancing act, often referred to as “gray,” is an integral part of the Attorney General’s role. It requires exceptional wisdom from those who serve in the position and inevitably leads to confusion and challenging questions about their responsibilities.

Nevertheless, it is the Attorney General’s duty to address these concerns and ensure public trust in the Department’s neutrality. This sometimes entails making exceptions to the general policy of not commenting on ongoing investigations, in order to provide explanations for controversial decisions and address specific areas of concern.

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As the former Director of Public Affairs at the Department of Justice, part of my role was to prepare the Attorney General for public statements on sensitive issues. If I were still in that position, here are some pressing questions on enforcement that I would be working through with the Attorney General and urging him to address expeditiously:

1. Why did the US Attorney in DC decline to prosecute 67 percent of the individuals arrested in Washington last year? The Washington Post described this as “startling.” Given the significant rise in violent crime in DC, with murder rates alone increasing by almost 30 percent, and the unique responsibility of the DC US Attorney’s office to prosecute federal and local crimes, are you concerned about the actions – or lack thereof – of the office just down the street from you?
2. Will you allocate the same level of resources and commitment to combating violent crime in Washington and across other American cities as you have dedicated to pursuing January 6th offenders? The DC US Attorney’s website predominantly features updates on January 6th, with minimal focus on the murders and crime plaguing the city.
3. Why did DOJ prosecutor Leo Wise recommend no prison time for Hunter Biden, while insisting on a one-year prison sentence for the former Baltimore Police Commissioner, who committed the same offense? The Commissioner owed substantially less in taxes than Hunter, yet faced imprisonment, while Hunter received extensive immunity for other potential crimes.
4. Do you have concerns about appearing to disproportionately prosecute the leading GOP candidate for the 2024 race? DOJ has established policies regarding election sensitivity. Does DOJ plan to temporarily halt, and if so, when, all investigative and prosecutorial actions related to the former president in the months leading up to the 2024 election to avoid any perception of influencing the outcome?
5. Considering that President Joe Biden, your boss, has publicly declared his son’s innocence, why have you not appointed a special counsel to investigate Hunter Biden and eliminate any potential appearance of impropriety, ensuring equitable treatment under the law?
6. Are you troubled by the perception of unequal treatment by special counsels? Special Counsel John Durham did not file a “conspiracy to defraud the US government” charge against members of the Hillary Clinton campaign who sought to influence the 2016 election by providing falsified information about Trump to the FBI. However, Jack Smith did bring the same charge against Trump regarding his behavior in the 2020 election. Although special counsels are intended to be independent, the law permits intervention if necessary.
7. Why did the Southern District of New York send a letter inquiring about the timing of putting Hunter Biden’s former best friend and business partner, Devon Archer, in jail right before Archer was set to testify before a congressional committee? Considering that 18 months had passed since Archer’s sentencing and he was scheduled to present testimony potentially implicating President Biden and his son in problematic business dealings, do you believe the timing of the letter was concerning?

Ultimately, as the nation’s top law enforcement officer, the Attorney General cannot afford to remain silent amidst growing frustration over the perception of selective law enforcement, wherein individuals of a particular political affiliation seem to consistently evade scrutiny and consequences.

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I hope that Attorney General Garland seizes the opportunity to address these fundamental questions soon, as they are crucial to restoring the American people’s trust in our justice system.

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