Graham rejects Merrick Garland’s February 8 hearing request

Sen. Lindsey GrahamLindsey Olin GrahamTrump announces new legal impeachment team after reports of exits 5 lawyers leave Trump’s impeachment team before trial: reports Biden reignites immigration fight in Congress MORE (RS.C.) rejected a Democratic request on Monday to schedule a confirmation hearing next week for Merrick GarlandMerrick Brian GarlandDemocrats evaluate expansion of lower courts after Trump Biden blitz starts recruitment commission to study Supreme Court reform: report More than 40 lawmakers sign letter urging Merrick Garland to prioritize the abolition of the death penalty MORE, President Biden’s choice to be Attorney General.

Although Democrats have a majority in the Senate, Graham is still the chairman of the Senate Judiciary Committee because the chamber has not yet passed an organizational resolution for the 117th Congress.

This means that the Senate panels are still operating under last year’s configuration – in which Republicans had a majority.

Graham’s letter comes after Sen. Dick DurbinDick DurbinProgressives push controversial budget reconciliation proposal Democrats evaluate lower court expansion after Trump blitz Biden reignites immigration fight in Congress (D-Ill.), The new chairman of the committee, urged him to schedule a hearing for February 8, arguing that “there was simply no justification” for not scheduling it and suggesting that conversations behind the scenes were at an impasse.

But Graham, in his own letter, said Garland should have a two-day hearing and pointed to the impeachment trial, scheduled to start next week, as an obstacle.

“The Senate is about to hold the first impeachment trial for a former president, and only the fourth trial for a president, incumbent or not. According to the procedure that the Senate adopted, Donald TrumpDonald TrumpBiden reverses Trump’s last-minute attempt to freeze 0.4 billion programs Trump announces new legal impeachment team after reported matches Republicans struggle to unify toward the next election cycle MOREGarland’s trial is scheduled to begin on February 9. But you want us to rush Judge Garland’s hearing on February 8. An impeachment is no small feat. It requires full Senate focus, “wrote Graham.

He added that Democrats “fail to score political points” in the impeachment trial while “also trying to claim the cloak of good government”. Graham also noted that the committee is losing Garland’s paperwork.

Under a pre-trial settlement reached by the Senate leadership, Trump’s impeachment trial will begin on February 9. Democrats hope to be able to pass legislation and confirm appointments in the morning and carry out the trial in the afternoon, but Republicans have warned that they will make him block this from happening.

“I’m looking forward to questioning Judge Garland and potentially supporting his appointment, but not on February 8. Governing requires trade-offs,” said Graham.

It is not clear when the Senate will approve a power-sharing agreement establishing how a uniformly divided chamber will work.

Senate leaders indicated that they were close to an agreement last week after they broke up a fight over legislative obstruction, but the Senate suspended it over the weekend without voting for an agreement.

Sen. Bernie SandersBernie SandersThe president has changed, but Washington has no Biden advisers signal that the president is open to negotiations over COVID-19 relief programs on Sunday – COVID-19 relief dominates MORE (I-Vt.), Who is about to become chairman of the Senate Budget Committee, told MSNBC which could pass the Senate on Tuesday. Spokesmen for the Senate Majority Leader Charles SchumerChuck SchumerDemocratic congressmen are on the wrong side of the impeachment policy Proposed permanent capitol fences provoke bipartisan resistance Immigration reform cannot wait MORE (DN.Y.) did not immediately respond to a request for comment.

The standoff between Graham and Durbin is not the first time Garland has faced obstacles from Senate Republicans.

In 2016, Senate Republicans, who held the majority at the time, refused to give Garland a hearing or vote for his Supreme Court nomination, citing the impending presidential election.

In 2020, Senate Republicans set a new record for how close to a presidential election a Supreme Court candidate was confirmed when they placed justice Amy Coney BarrettAmy Coney BarrettDemocrats evaluate expansion of lower courts after Trump blitz South Carolina Senate votes to ban most abortions in Biden state begins a staff commission to study Supreme Court reform: report MORE in the bank.

Once Garland’s nomination reaches the Senate, Democrats can confirm it despite Republican Party objections.

Durbin, in his letter, warned that if Graham refused to schedule a hearing on February 8, he could try to speed up Garland’s confirmation.

“Although I hope we can proceed in a bipartisan manner, I am prepared to take further steps to speed up the Senate’s consideration of the appointment of Judge Garland, if his hearing does not proceed on February 8,” wrote Durbin.