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Merrick Garland: bridge-building judge thrust into the middle of a political war Merrick Garland: bridge-building judge thrust into the middle of a political war
(35 minutes later)
Within hours of a truck-load of fertilizer being detonated in Oklahoma City on 19 April 1995, ripping through the Alfred P Murrah federal building and killing 168 people, a senior justice department official was on a plane from Washington DC to lead the prosecution’s investigation. Within hours of a truck-load of fertilizer being detonated in Oklahoma City on 19 April 1995, ripping through the Alfred P Murrah federal building and killing 168 people, a senior Justice Department official was on a plane from Washington DC to lead the prosecution’s investigation.
Merrick Garland, then 42, was an unusual choice to head up such a massive case. At the time he was working as the deputy to Jamie Gorelick, the second-in-command at the Department of Justice, and people in such relatively exalted positions were not normally called upon for front-line work. Merrick Garland, then 42, was an unusual choice to head up such a big case. At the time he was working as the deputy to Jamie Gorelick, the second-in-command at the Department of Justice, and people in such relatively exalted positions were not normally called upon for frontline work.
“It was very rare for someone in his position to lead a prosecution like Oklahoma City,” said his long-time friend Michael Greenberger, a law professor at the University of Maryland Carey school of law. “There are a lot of capable prosecutors but they called on him because no one is as capable as Merrick.” “It was very rare for someone in his position to lead a prosecution like Oklahoma City,” said his longtime friend Michael Greenberger, a law professor at the University of Maryland Carey school of law. “There are a lot of capable prosecutors but they called on him because no one is as capable as Merrick.”
Obama’s nominee for the empty ninth seat on the US supreme court now finds himself in the middle of one of the most intense political and constitutional spats of modern times. He is being fought over like a woollen toy torn between the teeth of Rottweilers – the president seeking to secure his legacy and the Republican majority in the US Senate seeking to preserve the conservative domination of America’s highest court. Obama’s nominee for the empty ninth seat on the US supreme court now finds himself in the middle of one of the most intense political and constitutional spats of modern times. He is being fought over like a woollen toy torn between the teeth of rottweilers – the president seeking to secure his legacy and the Republican majority in the US Senate seeking to preserve the conservative domination of America’s highest court.
Oklahoma City gave a clue as to how he will respond under fire. Within the first few days of the bombing he had established a tightly controlled organization designed to ensure that evidence was gathered and secured so that an ironclad prosecution case could be developed.Oklahoma City gave a clue as to how he will respond under fire. Within the first few days of the bombing he had established a tightly controlled organization designed to ensure that evidence was gathered and secured so that an ironclad prosecution case could be developed.
His team occupied one of the many buildings left devastated by the bombing, putting a bank of computers into a shell of a structure with shattered windows. Speaking in the Rose Garden of the White House on Wednesday, Obama said that Garland made certain to do everything by the books. His team occupied one of the many buildings left devastated by the bombing, putting a bank of computers into a shell of a structure with shattered windows. Speaking in the Rose Garden of the White House on Wednesday, Obama said that Garland made certain to do everything by the book.
When someone offered him privileged information about the bombing, “he took the harder route of obtaining subpoenas instead. He took no chance that someone who murdered innocent Americans might go free,” Obama said.When someone offered him privileged information about the bombing, “he took the harder route of obtaining subpoenas instead. He took no chance that someone who murdered innocent Americans might go free,” Obama said.
The president also noted that everywhere that Garland went during his weeks in Oklahoma City, he carried with him in his briefcase the program from the memorial service for the victims that named each of the 168 people who died. “It was a constant reminder that he had to succeed,” Obama said.The president also noted that everywhere that Garland went during his weeks in Oklahoma City, he carried with him in his briefcase the program from the memorial service for the victims that named each of the 168 people who died. “It was a constant reminder that he had to succeed,” Obama said.
Garland has remarked that the Oklahoma City prosecution was the most important thing he has ever done.Garland has remarked that the Oklahoma City prosecution was the most important thing he has ever done.
He came to Oklahoma City and another massive prosecution – that of the so-called Unabomber Ted Kaczynski – from a lucrative career in private law practice that in turn followed a stellar student career at Harvard law school and an upbringing in Chicago. Garland forewent the obvious attractions of a highly paid job as partner of his private firm to go into public service. He came to Oklahoma City and another huge prosecution – that of the so-called Unabomber Ted Kaczynski – from a lucrative career in private law practice that in turn followed a stellar student career at Harvard law school and an upbringing in Chicago. Garland forwent the obvious attractions of a highly paid job as partner of his private firm to go into public service.
He took a 50% pay cut in 1989 as a reward for becoming an assistant US attorney, and moved from his spacious office into what the Associated Press described as a “windowless office that had once been a closet and then a waiting room for chain-smoking cops”. As a junior public prosecutor, he said at his nomination on Wednesday, one of his first jobs was to go after a violent gang that was terrorizing residents of a Chicago housing estate – he had to persuade the occupants of the projects that the government could protect them if they testified, and that was his first lesson in the crucial value of trust.He took a 50% pay cut in 1989 as a reward for becoming an assistant US attorney, and moved from his spacious office into what the Associated Press described as a “windowless office that had once been a closet and then a waiting room for chain-smoking cops”. As a junior public prosecutor, he said at his nomination on Wednesday, one of his first jobs was to go after a violent gang that was terrorizing residents of a Chicago housing estate – he had to persuade the occupants of the projects that the government could protect them if they testified, and that was his first lesson in the crucial value of trust.
Oklahoma City further ingrained that conviction. “In Oklahoma City I saw up close the devastation that can happen when someone abandons the justice system and takes grievance into his own hands. I also saw that the justice system could work – we promised the families we would find the perpetrators and we would bring them to justice. The people of Oklahoma City gave us their trust and we did everything we could to live up to it.”Oklahoma City further ingrained that conviction. “In Oklahoma City I saw up close the devastation that can happen when someone abandons the justice system and takes grievance into his own hands. I also saw that the justice system could work – we promised the families we would find the perpetrators and we would bring them to justice. The people of Oklahoma City gave us their trust and we did everything we could to live up to it.”
Garland was nominated by Bill Clinton in 1997 to sit on the federal appeals court in Washington, a circuit that traditionally acts as a breeding ground of future supreme court justices. His confirmation was by no means easy – with Clinton rubbing up against a Republican-controlled senate Garland became a plaything of the rambunctious political process in ways that must seem all too familiar to today. Garland was nominated by Bill Clinton in 1997 to sit on the federal appeals court in Washington, a circuit that traditionally acts as a breeding ground of future supreme court justices. His confirmation was by no means easy – with Clinton rubbing up against a Republican-controlled Senate Garland became a plaything of the rambunctious political process in ways that must seem all too familiar to today.
It took 18 months to grind his name through the confirmation process, with the final vote approving his appointment by 76 to 23. Some 32 Republicans gave him their support which meant, as the White House was eager to point out on Wednesday, that he enjoyed majority backing from both main parties.It took 18 months to grind his name through the confirmation process, with the final vote approving his appointment by 76 to 23. Some 32 Republicans gave him their support which meant, as the White House was eager to point out on Wednesday, that he enjoyed majority backing from both main parties.
During the confirmation process, one Republican senator, Orrin Hatch of Utah, who favoured Garland’s appointment, memorably lambasted his conservative peers, exploding that “playing politics with judges is not fair. I’m sick of it.”During the confirmation process, one Republican senator, Orrin Hatch of Utah, who favoured Garland’s appointment, memorably lambasted his conservative peers, exploding that “playing politics with judges is not fair. I’m sick of it.”
As a judge on the DC circuit, Garland has been thrown into some of the most hotly disputed cases involving the federal government, including national security. Most famously, in 2008 he had the courage, or audacity, to punch a glaring hole in the Bush administration’s policy of putting terrorism suspects indefinitely and without civilian judicial review into detention at Guantánamo Bay.As a judge on the DC circuit, Garland has been thrown into some of the most hotly disputed cases involving the federal government, including national security. Most famously, in 2008 he had the courage, or audacity, to punch a glaring hole in the Bush administration’s policy of putting terrorism suspects indefinitely and without civilian judicial review into detention at Guantánamo Bay.
He led a three-judge panel of the court of appeals that ordered the Pentagon to begin holding civilian judicial reviews of detainees, and also punctured the government’s designation of Chinese Muslims known as Uighurs as “enemy combatants”. In a withering judgment, he accused the government of running roughshod over normal evidential standards.He led a three-judge panel of the court of appeals that ordered the Pentagon to begin holding civilian judicial reviews of detainees, and also punctured the government’s designation of Chinese Muslims known as Uighurs as “enemy combatants”. In a withering judgment, he accused the government of running roughshod over normal evidential standards.
Garland is a father of two daughters. He cut his legal teeth first at Harvard and then by clerking for Eisenhower’s appointment to the supreme court, the progressive legend Justice William Brennan.Garland is a father of two daughters. He cut his legal teeth first at Harvard and then by clerking for Eisenhower’s appointment to the supreme court, the progressive legend Justice William Brennan.
Professor David Pozen of Columbia law school, who clerked for Garland in 2008 at the time of the Guantánamo ruling, said that his mentor’s track record on the DC court of appeals was as a bridge-builder between conservative and progressive wings. “He was amazingly well respected by conservative judges. They knew that in every case he had read the entire record and had excellent balance and judgment.”Professor David Pozen of Columbia law school, who clerked for Garland in 2008 at the time of the Guantánamo ruling, said that his mentor’s track record on the DC court of appeals was as a bridge-builder between conservative and progressive wings. “He was amazingly well respected by conservative judges. They knew that in every case he had read the entire record and had excellent balance and judgment.”
Pozen continued: “The president has chosen someone about whom it’s very hard to say anything negative. It’s difficult to see any principled reason for opposing him.”Pozen continued: “The president has chosen someone about whom it’s very hard to say anything negative. It’s difficult to see any principled reason for opposing him.”