There may be no harder job in the U.S. government than Attorney General. What makes it uniquely challenging? On the one hand, the Attorney General is a political position which is responsible for executing the White House’s policy agenda. But on the other, the Attorney General and the Department of Justice he or she leads is responsible for enforcing the law in an even-handed and neutral fashion without partisan considerations.
Today, public trust in the Department of Justice is rapidly deteriorating on multiple fronts due to what increasingly appears to be selective enforcement. Merrick Garland has the opportunity – and I would argue, the obligation -- to re-instill confidence in the Department of Justice, but he needs to move fast.
When enforcing the law, the Attorney General must take into consideration prudential reasons for bringing a case or not – he or she must consider whether "the juice is worth the squeeze" given the precedent it might set, a domino effect in may cause, or a question about fairness it could raise. Some may call this politics. Others call it life. There is no law school textbook or statutory code that governs this "gray" – yet, it is this gray that is integral to the role of Attorney General and why it requires extraordinary wisdom from the men and women who serve in the position, and so often results in confusion and tough, but important questions about their role.
Still, it is the Attorney General’s job to be aware of these concerns and ensure public trust in the Department’s impartiality. This often requires the AG to make exceptions to DOJ’s general policy about not commenting on ongoing investigations and address specific areas of concern and provide the rationale for the behind controversial decisions.
GARLAND IN 'GRAVE DANGER' OF OBSTRUCTION OF JUSTICE CHARGE FOR TARGETING TRUMP, NEWT GINGRICH SAYS
In my old role as Director of Public Affairs at the Department of Justice, I was responsible for preparing the Attorney General to speak publicly on hot button issues and flagging the instances when he needed to address them publicly, whether it be via a press conference, a media interview or congressional testimony.
If I were still there, here are some top-of-mind questions on enforcement I’d be working through with the Attorney General and encouraging him to address as soon as possible:
The bottom line is that as America’s top cop, the Attorney General is not afforded the luxury of staying silent amid growing frustration that his Department is selectively enforcing the law, with those of a particular political persuasion consistently appearing to escape scrutiny and punishment.
I hope Attorney General Garland seeks out an opportunity soon to answer some of these questions that are fundamental to the American people’s trust in our justice system.
