When Merrick Garland was nominated to the US supreme court by Barack Obama, Republicans refused to grant him a hearing. Now that Garland is the top law enforcement official in America, the party seems ready to give him one after all – an impeachment hearing.
Republicans on Capitol Hill are moving up a gear in a wide-ranging assault on the justice department and the Federal Bureau of Investigation that would have been unthinkable before the rise of Donald Trump. The party that for half a century claimed the mantle of law and order has, critics say, become a cult of personality intent on discrediting and dismantling institutions that get in Trump’s way.
“I often think, what would Richard Nixon say?” observed Larry Sabato, director of the Center for Politics at the University of Virginia. “He was the original ‘law and order’ president, with that slogan. What would he think now the party is going after the primary institutions of law and order, at least at the federal level? The law and order party has become the paranoid party.”
The trend, apparent for years, has become palpable since Republicans gained narrow control of the House of Representatives in January. Within a month they had set up a panel, chaired by Trump loyalist Jim Jordan, to investigate “the Weaponization of the Federal Government” and examine what they allege is the politicisation of the justice department and FBI against conservatives.
Their frustrations intensified last month when Trump became the first former president to face federal criminal charges, over his alleged mishandling of classified documents. Far from condemning a potential law-breaker in their own ranks, nearly all Trump’s rivals for the presidential nomination in 2024 accused the FBI of political bias, with some even calling for its abolition and vowing to pardon him if elected.
Many Republicans then spoke of a “two-tiered” justice system when Joe Biden’s son Hunter struck a plea deal with federal prosecutors over tax evasion and gun possession charges that will keep him out of prison. A former Internal Revenue Service (IRS) employee has alleged political interference in the investigation and accused Garland of failing to tell Congress the truth, a claim Garland denies.
Some Republicans, especially on the far right, are now demanding Garland’s impeachment, a sanction that no cabinet official has suffered since 1876. Kevin McCarthy, the House speaker, told the conservative Fox News network recently: “Someone has lied here. If we find that Garland has lied to Congress, we will start an impeachment inquiry.”
Meanwhile, Christopher Wray, the director of the FBI, is discovering that his status as a Trump appointee offers no immunity against the Republican onslaught.
In May congresswoman Marjorie Taylor Greene of Georgia, a leading Trump ally, introduced articles of impeachment against him, claiming that “the FBI has intimidated, harassed, and entrapped American citizens that have been deemed enemies of the Biden regime” and that he “has turned the FBI into Joe Biden and Merrick Garland’s personal police force” with “Soviet-style tactics”.
Last month the House oversight committee was poised to hold Wray in contempt until he agreed to let all its members review a 2020 document containing bribery allegations against Biden – allegations that Democrats say were examined and dismissed by the justice department during Trump’s presidency.
Wray is now due to testify at a House judiciary committee hearing, chaired by Jordan, on Wednesday, with topics likely to include Trump’s indictment, Hunter’s plea deal and the special counsel John Durham’s criticism of the FBI’s Russia investigation.
Greene has also introduced impeachment articles against Biden and other members of the cabinet and indicated that she intends to force floor votes on her resolutions. This would doubtless create a spectacle for conservative TV channels and satisfy a desire among the “Make America great again” (Maga) base to avenge Trump after years of hearings in which he was the accused.
However, any impeachments would be dead on arrival in the Democratic-controlled Senate and could backfire among the electorate at large, with many voters sensing a desperate attempt to distract from policy debates.
Sabato commented: “It would excite their activists, but most Americans would be repulsed and shake their heads and say, these people need to get their house in order, then we’ll consider voting for them. I’m sure Biden, in a way, hopes he is impeached, and the others too.
“It’s a waste of time: there’s no chance of the conviction in the Senate. They just sticking the knife in their own chest. They’re committing suicide. It’s fine, go right ahead, have a good time!”
Kyle Herrig, executive director of the Congressional Integrity Project watchdog, agreed. He said: “The party of Maga is following the leader, Donald Trump, who is currently in serious legal troubles across the country. The party seems willing to try to deflect from those legal problems by running interference vis-a-vis investigations that they’re doing in Congress. What they’re doing is playing 30% of their base without realising you need another 20% to win elections.”
Some establishment Republicans are aware of such dangers and reluctant to abandon the party’s law-and-order credentials, not least because they see crime as a major talking point in next year’s elections. It is a particularly awkward issue for 18 Republican members of the House from districts that Biden won in the 2020, all of whom have good reason to avoid voting with extremists such as Greene. The internal struggle threatens a political headache for McCarthy.
Larry Jacobs, director of the Center for the Study of Politics and Governance at the University of Minnesota, said: “There are definitely people in the Republican party and in Congress who would like to proceed to impeach the head of the justice department, Garland, to go after the head of the FBI and to even go after Joe Biden.
“But there are cooler heads who appreciate that the kind of paranoia-infected Trump contagion is wrong and could be a real setback for the 2024 election.
“Independent voters, who tend to swing US elections that have become so close, don’t buy into the Trump line. You don’t see support for this unhinged view that the justice department and the FBI are somehow corrupt. There’s not support for that except in the fringe of the Republican party. The question, though, is does the fringe of the Republican party have enough leverage, particularly in the House of Representatives, to force impeachment votes and other measures?”
The acrimony threatens to dominate the rest of the year in an already unproductive Congress. Republicans might take aim at law enforcement budgets and have already withheld more funding for a new FBI headquarters.
Their stance represents a stunning reversal for a party with a long tradition of pitching itself as pro-police and tough-on-crime, from Nixon speaking of cities “enveloped in smoke and flame” to Ronald Reagan’s embrace of mass incarceration. It has its roots in the years of political attacks by Trump against an alleged “deep state” that is out to get him – and, by extension, his supporters.
His rancour towards the FBI began in earnest when the bureau scrutinised alleged ties between his 2016 election campaign and Russia while deciding not to prosecute him opponent, Democrat Hillary Clinton, for using a private email server when she was secretary of state. Then FBI director James Comey rebuked Clinton, calling her handling of classified information careless, but said there was no clear evidence she or her aides intentionally broke laws.
Trump’s relentless broadsides via campaign rallies and social media had an effect: a Reuters/Ipsos poll in February 2018 found that three out of four Republicans thought the FBI and justice department were actively seeking to undermine Trump through politically motivated investigations.
The sowing of distrust reached full bloom with a baseless conspiracy theory that the 6 January 2021 insurrection at the US Capitol was a hoax orchestrated by the bureau. Seen through this prism, each FBI investigation of those involved and each justice department prosecution of them is a violation, not an affirmation, of law enforcement.
Kurt Bardella, who was a spokesperson and senior adviser for Republicans on the House oversight committee from 2009 to 2013, said: “It’s really something to watch the political party that spent the 2022 midterms hollering about being pro-law enforcement and anti-defund the police when now they’re using all of their resources and their very narrow House majority to do exactly that: tear down law enforcement and defund the police.”
Bardella, now a Democratic strategist, added: “It seems like Republicans love the idea of law enforcement except when it comes to white-collar crime and when it comes to people of their own. It’s interesting that they want two sets of justice systems: one that looks the other way and condones the multitude of crimes that their leader, Donald Trump, has been accused of and another justice system for just about everybody else.”
