Judge Merrick Garland, President Biden’s attorney general candidate, repeatedly avoided giving direct answers to questions from Republican senators during Monday’s hearing before the Senate Committee.
Garland dodged questions about the Durham investigation into the origins of the Trump-Russia probe, transgender athletes in high school sports, and whether crossing the border illegally should be a criminal offense.
Senator Josh Hawley, R-MO, asked Garland if he believes illegally crossing the border should remain a crime.
“I haven’t thought about that question, I just haven’t thought about that question,” said Garland. “The president has made it clear that we are a country with borders, with national security. I don’t know of any proposal to decriminalize, but still make it illegal to answer, I just haven’t thought about it.”
Garland similarly declined to make a firm commitment to have Special Counsel John Durham on site to continue his investigation into the origins of the Trump-Russia probe. Garland said he has “no reason” to think leaving Durham to continue his investigation was the wrong decision, but he declined to take any action.
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Senator Lindsey Graham, RS.C., urged Garland to say whether or not Durham’s investigation is legitimate, leading the candidate to say, “I don’t really know about the investigation.”
“I really think someone should look at what happened in relation to those FISAs and I think the Inspector General did,” Garland added.
Garland was also asked to allow biologically male athletes who identify as transgender to participate in female track and field competitions.
Senator John Kennedy, R-LA, asked Garland if he agrees with the statement that “allowing biological men to participate in an all-female sport deprives women of the opportunity to participate fully and fairly in sports. and is fundamentally unfair to women athletes. “
Garland declined to answer Kennedy’s question directly. “This is a very difficult social question that 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,” Kennedy retorted.
Well, but I may not be the one who has to make such policy decisions, not that I am against it. See, I think every person should be treated with dignity and respect. And that’s an overriding sense of my own character, but a decisive sense of what the law requires, ”Garland replied.
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“The specific question of how Title IX applies to schools is one that, in light of the Bostock case, which I know you are very familiar with, is something I should look into if I get the chance to do that. I haven’t had a chance to think about issues like this in my career so far, but I agree that this is a tough question, ”Garland replied.
President Biden signed an executive order on his first day of work calling for schools to allow transgender athletes to compete in girls’ sports teams.