Justice Department really needs Merrick Garland His experience and style are ideal for the next attorney general s mission, which is to restore the legitimacy and credibility of federal law enforcement.
By Noah Feldman, Bloomberg Opinion (TNS) January 7, 2021 11:04am Text size Copy shortlink:
Judge Merrick Garland is the right person at the right time to be President Joe Biden s attorney general.
If the AP and Politico are correct that he s Biden s pick, it isn t just well-deserved vindication for a dedicated public servant who deserved to be confirmed to the Supreme Court when nominated by President Barack Obama. Garland s years of experience in the Department of Justice, coupled with his distinguished service on the federal bench, position him to accomplish the historic mission now demanded of him: nothing less than restoring the legitimacy and credibility of federal law enforcement after the disastrous last fo
Statement On Proposed 2011 Fraud-Detection Program And Related 2012 Opinion Of The DOJ Office Of Legal Counsel, SEC Acting, Chairman Elad L. Roisman, Commissioner Hester M. Peirce, Commissioner Allison Herren Lee, Commissioner Caroline A. Crenshaw Date
07/01/2021
Investor protection is a paramount component of the Commission’s core mission, and vigorous enforcement of our securities laws is essential to investor protection. The Commission has statutory authority to refer potential criminal securities violations to the Department of Justice (DOJ), and cooperation with DOJ and other governmental authorities is an important facet of the Commission’s enforcement program.
In 2012, with the Commission’s approval, the Commission’s staff sought advice from DOJ’s Office of Legal Counsel (OLC) on a potential program, conceived in 2011, in which designated, trained Commission staff members would pose as interested investors in responding (by telephone, mail, or electronically
The conversations took place after the Nov. 3 election, but it is not clear if they have continued since the D.C. riot on Wednesday, which has reinvigorated calls for his immediate removal from office.
The prospect of a president issuing himself a pardon is unprecedented in U.S. history and has never been tested by the legal system. Scholars are divided on whether such an act would be permissible. Even if the pardon were lawful, it would only apply to federal crimes.
The White House declined to comment.
Trump has also floated the idea of pardoning family members and close associates, NBC News has reported. It is typical for presidents to issue politically disadvantageous pardons shortly before they leave office, but no president has ever attempted to pardon himself.
Legal Expert Calls on Biden to Nominate Obama As Attorney General
On 1/2/21 at 7:33 AM EST
Writing in
The Hill newspaper, Douglas Kmiec argued that while Obama leading the Department of Justice would be unprecedented, it would help Biden to show that he s governing in the national interest.
Kmiec, a professor emeritus of constitutional law at Pepperdine University School of Law, served as head of the Office of Legal counsel under Presidents Ronald Reagan and George H.W Bush.
What Polls Say About Kelly Loeffler, Raphael Warnock 4 Days Before Runoff
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Several GOP members of the House of Representatives are expected to object to slates of electors, while Senator Josh Hawley (R-MO) is perhaps the most high profile Republican to announce his plan to object so far.
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Barack Obama s administration made the policy decision to look forward, not back, and to leave the misdeeds of George W. Bush s administration to history s judgment. That would be a mistake for the incoming Biden administration. Donald Trump and his henchmen have made a concerted attack on American democracy, and done so much corrupting damage that it would be dereliction to give them a pass.
Three areas in particular need investigation. One is the administration s denial of climate science, done at the bidding of the fossil fuel industry and its array of front groups. Another is the corruption Trump and his administration fomented within federal agencies. The last is the damage to the Department of Justice, where Trump cronies to paraphrase the legendary 19th-century Chief Justice John Marshall from the citadel of the law turned its guns on those whom they were meant to defend.