Garland cautions against abuse of DOJ power in farewell address

Attorney General Merrick Garland gave a tearful goodbye while warning of the risks of "grave injustice" for those who abuse the Justice Department's power.

Much of Garland's parting remarks were a defense of the agency he's led the last four years while making veiled nods to the anxieties of those with a stake in the future of the Justice Department (DOJ). 

"The same powers that enable the federal prosecutor to pursue justice also create the potential for grave injustice," Garland said, adding that the Justice Department must always remember the "difference between what we can do — and what we should do."

And he stressed the need for the department to retain independence from the White House and Congress.

"We make that commitment not because independence is necessarily constitutionally required, but because it is the only way to ensure that our law enforcement decisions are free from partisan influence," he said.

Many of Garland's comments seemed to be an assurance to career staff who will remain after the transition — a group he called the "heart and soul" of the department." He repeatedly choked up when addressing the crowd assembled in the DOJ's Great Hall, stressing his pride in the department's workforce.

"It is the obligation of each of us to follow our norms not only when it is easy, but also when it is hard — especially when it is hard. It is the obligation of each of us to adhere to our norms even when — and especially when — the circumstances we face are not normal," he said.

But much of it also seemed to be directed at incoming Trump administration officials — a group that includes three members of President-elect Trump's personal defense team as well as Pam Bondi, a former Florida attorney general who assisted Trump in challenging the 2020 election results.

He stressed the need to ignite investigations and bring charges only when there is a proper basis for doing so and the need for the Justice Department to retain its independence.

"The attorney general must ensure that this department seeks justice, only with justice," he added later.

That included insisting on calling for "respect for the integrity of our career agents, lawyers, and staff" as well as protections for a free press.

That call comes as FBI director nominee Kash Patel has threatened to "come after" journalists.

Garland also addressed criticism hurled at the department that it has been politicized, comments often based on investigations into Trump.

"Over the years, some have criticized the department, saying it has allowed politics to influence its decisionmaking. That criticism often comes from people with political views opposite from one another, each making the exact opposite points about the same set of facts," he said.

"The story that has been told by some outside of this building about what has happened inside of it is wrong. You have worked to pursue justice, not politics. That is the truth, and nothing can change it."

Concerns over the future of the Justice Department were laid bare Wednesday as Democratic lawmakers peppered Bondi with questions about how she would respond to pressure from Trump about how to use the department's powers.

Trump has called for consequences for a number of his adversaries — prompting concern he will again pressure Justice Department officials to pursue investigations of his enemies.

And Bondi declined to say whether she would appoint a special counsel to review any potentially illegal actions taken by Trump.

Those fears are matched in recent polling that found just 2 in 10 Americans feel "extremely" or "very" confident that the Department of Justice will act in a fair and nonpartisan manner during Trump's second term.

But the hearing was just as much a venue for Republicans to air their grievances for the Justice Department, an agency they see already spoilt by the political elements Democrats fear are coming.

"I have taken note of the number of times you have been asked about weaponization of the Department of Justice, as if it was a theoretical possibility that might happen in the future," Sen. Josh Hawley (R-Mo.) said during the hearing.

"We all know that weaponization has occurred like we've never seen before in American history under this administration."