Biden to name judge Merrick Garland as attorney general

WASHINGTON (AP) — President-elect Joe Biden has selected Merrick Garland, a federal appeals court judge who in 2016 was snubbed by the Republican Senate for a seat on the Supreme Court, as his attorney general, two people familiar with the selection process said Wednesday.

In picking Garland, Biden is turning to a long-time judge who held senior positions at the Justice Department decades ago, including as a supervisor of the prosecution of the 1995 Oklahoma City bombing. The pick will force Senate Republicans to contend with the nomination of someone they spurned in 2016 — refusing to hold hearings when a Supreme Court vacancy arose — but Biden may be banking on Garland’s credentials and reputation for moderation to ensure confirmation.

Biden is expected to announce Garland’s appointment on Thursday, along with other senior leaders of the department, including former homeland security adviser Lisa Monaco as deputy attorney general and former Justice Department civil rights chief Vanita Gupta as associate attorney general. He will also name an assistant attorney general for civil rights, Kristen Clarke, the founder of Lawyers’ Committee for Civil Rights Under Law, an advocacy group.

Garland was selected over other finalists including Alabama Sen. Doug Jones and former Deputy Attorney General Sally Yates. The people familiar with the process spoke on condition of anonymity. 

If confirmed, Garland would confront immediate challenges, including an ongoing criminal tax investigation into Biden’s son, Hunter, as well as calls from many Democrats to pursue inquiries into Trump after he leaves office. A special counsel investigation into the origins of the Russia probe also remains open, forcing a new attorney general to decide how to handle it and what to make public.