30 April 2021
Attorney General Merrick Garland is quickly negating the Trump administration’s law enforcement legacy, dismaying conservatives with a burst of aggressive reversals and new policies.
Why it matters: As a former prosecutor and respected federal judge, Garland's devotion to the rule of law has always been core to his identity. That reputation has taken on new importance in his first 50 days on the job, after four years of allegations that Trump's DOJ was improperly politicized.
- Attorney General Bill Barr played a central role in the Trump administration's most high-profile controversies, from undermining the Russia investigation to intervening in the cases of indicted Trump associates to ordering the forcible clearing of protesters in Lafayette Square Park.
- DOJ's broad authority also overlaps with many of the issues at the top of President Biden's agenda, including restoring faith in government, promoting racial justice and police reform, and curbing gun violence.
Driving the news: Liberal fears that the soft-spoken Garland might resist prosecuting Trump and his allies for the sake of unity were partially eased on Wednesday, when news broke that federal agents had raided the Manhattan home of Rudy Giuliani.
- The U.S. Attorney's Office for the Southern District of New York, which Giuliani once led, is known to be highly independent.
- But under Attorney General Bill Barr, the department repeatedly blocked SDNY prosecutors from executing a search warrant for Giuliani's electronic records in the final months of 2020, according to the New York Times.
The Justice Department also announcedon Wednesday that three Georgia men were charged with federal hate crimes in the shooting of Ahmaud Arbery, whose death was a rallying cry during last year's racial-justice protests.
- In Michigan, a superseding indictment was filed against five men accused of plotting last year to kidnap Gov. Gretchen Whitmer, with prosecutors referring to the alleged crimes as "domestic terrorism" for the first time.
- That shift comes amid new developments in the investigation of the Jan. 6 Capitol riot, which has been described as the most complex probe in DOJ history. Garland, who played a leading role in the prosecution of the 1995 Oklahoma City bombing, has vowed to make prosecuting the Capitol rioters his "first priority."
Other major steps taken in Garland's first 50 days include:
- "Pattern or practice" investigations into the Minneapolis and Louisville police departments, following the deaths last year of George Floyd and Brianna Taylor.
- A 30-day "expedited review" into how DOJ can better prosecute and track hate crimes amid a surge in violence against Asian Americans.
- The revocation of a Trump-era policy that restricted federal funding for "sanctuary cities."
- Responsibility for five of the sixexecutive actions on gun control ordered by Biden.
What to watch: Garland's commitment to depoliticizing DOJ will undergo a key test when a charging decision is made in the case of Hunter Biden, whose finances are under investigation.
- Special counsel John Durham is also expected to submit a report concerning alleged abuses by Obama-era intelligence officials during the Russia investigation.
Transcripts show George Floyd told police "I can't breathe" over 20 times
Section2Newly released transcripts of bodycam footage from the Minneapolis Police Department show that George Floyd told officers he could not breathe more than 20 times in the moments leading up to his death.
Why it matters: Floyd's killing sparked a national wave of Black Lives Matter protests and an ongoing reckoning over systemic racism in the United States. The transcripts "offer one the most thorough and dramatic accounts" before Floyd's death, The New York Times writes.
The state of play: The transcripts were released as former officer Thomas Lane seeks to have the charges that he aided in Floyd's death thrown out in court, per the Times. He is one of four officers who have been charged.
- The filings also include a 60-page transcript of an interview with Lane. He said he "felt maybe that something was going on" when asked if he believed that Floyd was having a medical emergency at the time.
What the transcripts say:
- Floyd told the officers he was claustrophobic as they tried to get him into the squad car.
- The transcripts also show Floyd saying, "Momma, I love you. Tell my kids I love them. I'm dead."
- Former officer Derek Chauvin, who had his knee on Floyd's neck for over eight minutes, told Floyd, "Then stop talking, stop yelling, it takes a heck of a lot of oxygen to talk."
Read the transcripts via DocumentCloud.