NEW: Democrats have been living with Joe Biden's choice of Merrick Garland as attorney general — and they're not always loving the results. by @cryanbarber @thisisinsider businessinsider.com/merrick-garlan…
His measured approach has stuck w/ him from his quasi-monastic past life as a federal judge, & frustration among some Biden's allies has only grown as they experience Garland's methodical ways while reckoning w/ the Trump years & invigorated partisan political attacks.
"He's been out of the hurly-burly for 25 years," a former top Obama administration official told Insider. "It's hard to get back into the arena. I think that's part of the problem here."
Garland's political limitations were well noticed at recent congressional hearings. Both House & Senate Rs put him on defense as they grilled him about a DOJ initiative to address threats of violence & harassment against teachers, school admins & local school board members.
His GOP critics claimed Biden's admin was seeking to silence parents concerned about school policies. Garland responded by repeatedly stressing how the DOJ was focused on keeping the public safe and not crimping speech protected by the First Amendment and Supreme Court precedent.
In those tense exchanges, some Ds & former DOJ officials told @thisisinsider they thought Garland missed an opportunity to more forcefully respond to Republicans and even challenge them on their strategy of turning local education into the latest front in the culture wars.
"He didn't do great, but a huge factor is that he's never been the type of individual that plays the political show that Republicans play," a Democratic Senate aide told Insider. "We learned a lot from that oversight hearing."
Others agreed that Garland went on the defensive in spite of having the politics on his side. "I don't think it's his natural style," said Matt Miller, the former Obama DOJ spox, "to be a pugilistic fighter."
Garland's style as attorney general has only fed the perception that he still embodies the role of a federal judge who has a natural inclination to show impartiality in the face of partisan attacks.
"I think he's still feeling his way in the executive branch," said Barb McQuade, a former Obama-era federal prosecutor and MSNBC legal analyst.
Not content with a high-level briefing, Garland is known to read case law himself and even inquire about the judges handling various matters. His interest in that level of detail is uncommon for attorneys general, according to people familiar with his approach.
"He seems incapable of making decisions," the former top Obama administration official said, adding: "He's running it like it's a chambers, where he's going to have to write an opinion or something."
On his staff, Garland has surrounded himself with Capitol Hill vets & aides recruited from the vast and loyal network of law clerks who worked for him over 23 years. businessinsider.com/merrick-garlan…
Hiring ex-clerks has played into the impression that he's still operating like a judge. Said the ex-Obama official: "He's been a judge, where people are super-nice to you all the time. No one really questions you. Somebody might write a dissent, but it's an academic dissent."
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