When I first saw the headline to Kevin Daley’s article at dailycaller.com, suggesting Judge Merrick Garland be considered as the next FBI Director, I was ready to laugh out loud…until I started reading his reasoning.
And though I have virtually no expectation that Judge Garland will be considered for this position, I have to say Mr. Daley makes a very persuasive argument.
A few key excerpts:
The strength of his resume alone could make Garland a serious candidate. The judge is a veteran of the highest levels of the Department of Justice, where he executed and supervised sensitive investigations and prosecutions of the sort America can expect in the coming years.
…Garland forged a national reputation for thorough, vigorous prosecutions. He led the trial team that brought a successful death penalty case against Oklahoma City bomber Timothy McVeigh, and directed the prosecution of unabomber Ted Kaczynski from Washington. His ascent in the department was meteoric, and the legacy he left won bipartisan acclaim.
His government experience is supplemented by a decade in the private sector at Arnold & Porter, where he handled complex corporate litigation matters of the sort that would also leave him well qualified to execute the Bureau’s white collar crime operations.
Obvious political advantages would attend Garland’s appointment at this precarious moment of Trump’s presidency. Senate Democrats joined the previous administration in offering uniformly glowing assessments of Garland’s quality and experience. None could now plausibly marshall a convincing case against him, after mounting a year-long campaign to secure him a spot on the nation’s highest tribunal.
His appointment would also open a seat on the U.S. Court of Appeals for the D.C. Circuit. Democratic appointees have a 7-4 advantage on the court, widely considered the second most important in the country, as it has jurisdiction over most federal agencies. Trump’s allies in conservative legal circles would relish the prospect of another GOP appointee on the panel.
All this is to say nothing of the fact that Garland is regarded as a man of unimpeachable integrity.
That’s a pretty strong argument, no?
Look, there are obvious pitfalls here.
-One is that, while President Trump might (or might not) want a man with a reputation for unimpeachable integrity, he almost certainly wants a company man even more. And the “company” in question is Trump Presidential Enterprises.
-Another is that Democrats, though obviously unable to oppose the nomination, could then argue his appointment makes a prima facie case that Republicans should have allowed Garland on the Supreme Court last year. Unfortunately for them, while this would thrill the beltway crowd and Democrat hardliners everywhere, it probably be near-meaningless to the general public.
-And third would be that Judge Garland, stung by/resentful of what happened last year, would turn President Trump down flat. This would be highly embarrassing to Mr. Trump – who, I think we can safely say, does not cherish instances when he is embarrassed.
Let’s leave it that while Merrick Garland is the longest of long shots, a plausible argument can be made that he should be offered this position.
Got guts, Donald?
