Judge Merrick Garland, appointed by President Biden’s attorney general, repeatedly avoided providing direct answers to questions from Republican senators during Monday’s hearing before the Senate Judiciary Committee.
Garland dodged questions about Durham’s investigation into the origins of the Trump-Russia investigation, transgender athletes in high school sports and whether crossing the border illegally should be a crime.
Senator Josh Hawley, R-MO, asked Garland if he believed that crossing the border illegally should remain a crime.
“I didn’t think about it, I just didn’t think about it,” said Garland. “The president made it clear that we are a nation with borders, with national security, I don’t know about a proposal for decriminalization, but it still makes it illegal to answer, I just didn’t think about it.”
Garland also refused to make a firm commitment to leave the John Durham Special Council in office to continue his investigation into the origins of the Trump-Russia investigation. Garland said he had “no reason” to think that leaving Durham in place to continue his investigation was the wrong decision, but he declined to commit to a course of action.
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Senator Lindsey Graham, RS.C., pressured Garland to say whether the Durham investigation is legitimate or not, prompting the nominee to say, “I don’t really know anything about the investigation.”
“I think someone should look at what happened to those FISAs and I believe the inspector general did that,” added Garland.
Garland was also asked about allowing biologically male athletes who identify as transgender to participate in women’s athletic competitions.
Senator John Kennedy, R-LA, asked Garland if he agrees with the statement that “Allowing biological men to compete in an all-female sport deprives women of the opportunity to participate fairly and fully in sports and is fundamentally unfair to the athletes. “
Garland refused to answer Kennedy’s question directly. “This is a very difficult social question you are asking me here, I know what is behind it,” Garland began his answer.
“I know, but you’re going to be attorney general,” countered Kennedy.
“Well, but I may not be the one who has to make political decisions like that, not that I’m adverse to that. Look, I think that every human being should be treated with dignity and respect. And that is a predominant sense of my own character, but a predominant sense of what the law requires, “replied Garland.
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“The specific question of how Title IX applies in schools is one that, in the light of the Bostock case, with which I know that you are very familiar, is something that I would have to examine when I had the chance to do that. the opportunity to consider this type of question in my career so far, but I agree that this is a difficult question, “replied Garland.
President Biden signed an executive order on his first day in office calling on schools to allow transgender athletes to compete on women’s sports teams.