Attorney General Merrick Garland should have been on the Supreme Court, but he is doing a "fair job" in depoliticizing the position he holds after he was named a year ago by President Joe Biden, Harvard Law professor emeritus Alan Dershowitz insisted on Newsmax Saturday.
"Merrick Garland should not be the attorney general of the United States," Dershowitz said in an interview on Newsmax's "America Right Now."
"He should be Mr. Justice Garland. He should be on the Supreme Court. His place on the Supreme Court was stolen, [in an] absolute theft by the Republican Party when he was nominated by Barack Obama."
But now that he's the attorney general, "I think he's doing a fair job," Dershowitz said.
Garland, said Dershowitz, may be enforcing the government's policies on voting and abortion rights, but "he's not criminalizing and not politicizing the criminal process."
The attorney general has also allowed special counsel John Durham to continue with his investigation into the origins of the Russian collusion claims made concerning former President Donald Trump's 2016 campaign, which is mostly focused on Democrats, Dershowitz noted.
Further, Garland has not indicted people near former President Donald Trump, even though there has been under pressure from "radical Democrats," said Dershowitz.
"Could he be doing a better job? Look anybody could be doing better, but I do think that he has depoliticized the department to greater [extent] than previously.
Newsmax show host Tom Basile argued that there is "plenty of evidence" that Garland has "adopted the president's race-baiting and inflammatory rhetoric" on voting, and noted that the attorney general has been accused of targeting parents who oppose COVID restriction and critical race theory, but Dershwitz disagreed.
"They're not going after these people," he said. "The Democrats feel very differently about voting rights than Republicans do and of course, it's the job of the attorney general to enforce the policies of the administration, but to be independent when it comes to criminal justice, and I think he has been independent when it comes to criminal justice."
The base of the Democratic Party would "love to see Trump indicted and everybody else indicted," he added, but Garland "hasn't done that."
Dershowitz conceded that Garland wrote an "ill-advised memorandum" when it comes to targeting parents who protest school policies, but also noted that the government has done nothing to prosecute any parents.
"Parents have a right obviously to protest what's going on in schools, but the administration also has the right to object to statutes that are being passed in states, preventing teachers from teaching certain things," said Dershowitz. "Look I have personally to agree that people shouldn't be teaching about sex to eight-year-olds, nine-year-olds, and 10-year-olds, but and you know, we've become, unfortunately, very politicized even over mandates regarding that."
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Sandy Fitzgerald ✉
Sandy Fitzgerald has more than three decades in journalism and serves as a general assignment writer for Newsmax covering news, media, and politics.
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