Attorney General Merrick Garland vowed Thursday to protect the Justice Department from becoming a “political weapon,” but made no mention of the prosecution he oversees against former President Donald Trump.
In his address to Justice Department officials, Garland emphasized the department's commitment to impartiality and reiterated his mission to “strengthen” the norms that guide the department. principle Federal prosecutorial powers were stripped. Garland cited provisions that prohibit prosecutors from being influenced by “political associations, activities or beliefs” or making decisions “with the intent to influence an election,” but did not mention the two federal lawsuits the Biden-Harris Justice Department has filed against Trump.
“We don't have different rules for our people and our enemies,” Garland said. “We have only one rule: We will apply the law in a way that follows the facts, respects the Constitution and protects civil liberties.”
“Our code is a commitment that we will not allow this department to be used as a political weapon. And our code is a commitment that we will not allow this country to become a country where law enforcement is treated as a political tool.” – Attorney General Garland
— U.S. Department of Justice (@TheJusticeDept) September 12, 2024
Special Counsel Jack Smith filed two indictments against Trump last year: one in Florida over his mishandling of classified documents and another in Washington, D.C., over Trump's alleged efforts to overturn the results of the 2020 election. The judge overseeing Trump's classified documents case dismissed the indictments, finding that Smith was unconstitutionally appointed by Garland, but Smith is appealing the decision. (Related article: Annotating Garland's Washington Post op-ed with facts)
The Supreme Court ruled in July that former presidents cannot be prosecuted for official conduct while in office. The majority clarified that some conduct outlined in Smith's original indictment cannot be prosecuted, such as allegations about conversations between Trump and Justice Department officials, but directed lower courts to decide whether other conduct outlined in the indictment falls under presidential immunity.
U.S. District Judge Tanya Chutkan, who is presiding over the case, has scheduled Smith to file opening arguments on the presidential immunity issue by Sept. 26, which is expected to release previously unreleased evidence before the election.
“This court is not interested in the timeline of the election,” Judge Chutkan said during a hearing earlier this month after Trump's lawyers challenged the schedule. (Related: Judge Chutkan acknowledges that whatever he rules in Trump case, there is a 'risk that it will be overturned')
Garland said Thursday that the Justice Department's code is a “commitment to staunchly protecting the Department of Justice's independence from political interference in criminal investigations.”
“Our code is a commitment that we will not allow this department to be used as a political weapon,” he said, “and our code is a commitment that we will not allow this country to become one where law enforcement is treated as a political tool.”
Attorney General Garland discusses attacks on Justice Department after Trump leaves office
The attacks “go far beyond the scope of 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 was “dangerous and outrageous” that they had to endure escalating attacks on their jobs.
“Over the past three and a half years, there have been escalating attacks against career lawyers, agents and other employees at the Department of Justice that have gone far beyond the scrutiny, criticism and legitimate and necessary oversight of our work,” he said. “These attacks have taken the form of conspiracy theories, dangerous falsehoods, attempts to intimidate and threaten public servants through repeated and public targeting, and actual threats of violence.”
“The Department of Justice will not be intimidated by these attacks,” Garland said.
Garland wrote an op-ed in The Washington Post in June denying allegations that the Defense Department was politicizing its work as “false.”
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