Blumenthal Questions AG Nominee Garland on Efforts to Combat Hate Crimes and Prevent Gun Violence
[WASHINGTON, D.C.] – During today’s Senate Judiciary Committee hearing on the nomination of Judge Merrick Garland to be Attorney General, U.S. Senator Richard Blumenthal (D-CT) raised several pressing issues facing the Justice Department.
White Supremacy, Violent Extremism & Hate Crimes
Blumenthal thanked Garland for his commitment to combating violent extremism and raised the growing and “extraordinarily alarming” threat of hate crimes against communities like Asian Americans. Blumenthal, who has co-authored the Jabara-Heyer NO HATE Act, asked Garland to confirm that if confirmed, he would “support such a measure and enforcement of the existing penalties against hate crimes.” Garland responded, “You couldn't have any opposition from me in that matter.”
Preventing Gun Violence through Executive and Legislative Action
Blumenthal and Garland discussed their shared commitment to gun violence prevention measures like emergency risk protection orders that keep firearms out of the hands of people who might harm themselves or others. Blumenthal urged Garland to consider “using the existing authority through ATF and other agencies” to “[close] the Charleston Loophole and [redefine] the nature of a firearm to prevent ghost guns from populating the world.”
Combating Climate Change
Blumenthal raised ongoing efforts by state attorneys general, including Connecticut’s Attorney General William Tong, to “hold them accountable for misleading and defrauding the public about climate change for decades.” Blumenthal urged Garland to consider similar action at the Justice Department, noting that, “Nothing could be so important as the United States Department of Justice similarly taking action against gas and oil companies for lying to the American public about the devastating effects of these products on climate change.”
Supporting 9/11 Families’ Pursuit of Justice
Garland confirmed to Blumenthal that he would review efforts by survivors and relatives of the victims of the 9/11 attack to access information from the Federal Bureau of Investigation (FBI) in connection with a lawsuit they have filed under the Justice Against Sponsors of Terrorism Act (JASTA).
Releasing the DOJ IG Report on the FBI’s Investigation of Larry Nassar’s Abuse
Garland also confirmed that he would speak with the Department of Justice Office of the Inspector General regarding the long-delayed release of a report on the FBI’s handling of the investigation into Larry Nassar’s sexual abuse of Olympic and National Team gymnasts and athletes.
Transcript
The full text of Blumenthal’s exchange with Garland is copied below.
U.S. Senator Richard Blumenthal (D-CT): Thanks, Mr. Chairman. I want to welcome you to the Committee, Your Honor, and welcome your family as well – a very supportive and accomplished family – and say that among the qualities that you bring to this job, obviously your brilliance, your service as a judge are tremendously important, but I think the lesson today is that character counts in restoring the integrity and credibility of the leadership of the Department of Justice. I think that the character that you have demonstrated throughout your career is going to be most important – your resilience as well as your brilliance. You have been tested by adversity and the kind of values that you exemplified, beginning when I think both of us served as prosecutors in the Department of Justice and first met. So I look forward to your inspiring more young attorneys to join the ranks of law enforcement and celebrate the accomplishments of those 115,000 professionals who, every day, help keep us safe.
I welcome your commitment to combating violent extremism. I have supported and I’m introducing a 9/11 Commission bill, but I want to turn to an area of violence that you raised, which is hate crimes – the growing incidence of hate crimes especially against now certain groups, Asian Americans I think is extraordinarily alarming. I've introduced a measure called the NO Hate Act. The Jabara-Heyer NO Hate Act would reform the penalties but also increase reporting. As you know, many of these crimes are underreported. I’d like your commitment that you will support such a measure and enforcement of the existing penalties against hate crimes?
Judge Merrick Garland: You couldn't have any opposition from me in that matter, Senator. Hate crimes tear at the fabric of our society and make our citizens worried about walking on the street and exercising even their most normal rights. The role of the Civil Rights Division is to prosecute those cases vigorously. I can assure you that it will if I am confirmed.
Blumenthal: Thank you. On gun violence you have been asked a few questions by Senator Lee. Three years ago this month Parkland occurred. Parkland, Sandy Hook, other places like Las Vegas have become shorthand for massacres that are true tragedies and also preventable by common sense steps such as President Biden has supported, and I have helped to lead in the Congress: universal background checks; safe storage measures, Ethan’s Law; closing the Charleston Loophole; and of course emergency risk protection orders. Senator Graham and I have worked together on a measure I am hoping we will reintroduce.
One of your predecessors, William Barr, said about emergency risk protection orders: “This is the single most important thing I think we can do in gun control areas to stop these massacres from happening in the first place.” William Barr and I didn’t agree on a lot, but I think I am of the opinion that it is an important step to take. Would you support these kinds of common sense steps?
Garland: Yeah, I don't know the specifics of all of them. Certainly, with respect to emergency risk orders, when somebody is acting out in a way that suggests that they are going to use violence against another human being we have to be very careful that they don't get a weapon in their hands. I don't know the specifics of how the legislation would do that, but I do think that, yes.
Blumenthal: Well I welcome your support to that extent.
Garland: I don’t mean to be non-supportive but unless I know the specifics it is very hard for me to make a…
Blumenthal: I understand, and you are doing an excellent job of navigating your way through the requests for specific commitments. And, by the way, I understand, sometimes a non-answer is the right way for you to go in this position.
Garland: Thank you, Senator.
Blumenthal: Let me say, also I hope you will consider executive orders. I understand that President Biden may have some under consideration, for example closing the Charleston Loophole and redefining the nature of a firearm to prevent ghost guns from populating the world and other steps. I hope you will consider using the existing authority through ATF and other agencies to take such actions.
I want to ask you about two areas that are of importance, I think, although they may not have reached a lot of public visibility. As you may be aware, the survivors of the 9/11 tragedy have filed a lawsuit pursuant to the Justice Against Sponsors of Terrorism Act, JASTA. Senator Cornyn and I were strong advocates of JASTA. They have asked for information from the FBI in connection with that lawsuit. They’ve been denied that information under the state secrets privilege. In my view there is no justification for failing to provide that information. I hope that you will consider taking prompt action to release it. I know that you can’t necessarily address it now, but I wrote to the Department of Justice last week, not to yourself but to your predecessor, and I hope that you will take that letter as a matter of priority.
Garland: If I am lucky enough to be confirmed I will certainly get the letter and I will give it my attention, yes I will.
Blumenthal: Similarly, the Department of Justice Inspector General reportedly opened an investigation in September 2018 of the FBI’s potential mishandling of the investigation into Larry Nasser’s sexual abuse. I’m sure you recall his prosecution. There was an Inspector General report that goes into the FBI’s possible delay and malfeasance. That report is finished, we’re told. I hope that it will be published promptly in the interest of the transparency value that you outlined so well.
Garland: I will definitely consult with the Inspector General and I do believe in making those reports public to the extent permissible within the law.
Blumenthal: Thank you. And finally, you may be aware that a number of my former colleagues, attorneys general, have taken action against Exxon and other oil companies to hold them accountable for misleading and defrauding the public about climate change for decades. Nothing could be so important as the United States Department of Justice similarly taking action against gas and oil companies for lying to the American public about the devastating effects of these products on climate change. I hope you will consider taking action in that regard.
Garland: I guess from the way you began it feels like there is probably pending litigation on this matter, so it’s not something I should be commenting on.
Blumenthal: Thank you very much, Judge.
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