Garland Parries Pressure From Both Sides in House Testimony

WASHINGTON — Attorney General Merrick B. Garland sidestepped questions from Democrats successful Congress connected Thursday astir whether the Justice Department would backmost their latest efforts successful the probe of the Jan. 6 Capitol attack, and helium batted distant disapproval from Republicans that helium had politicized the department’s effect to the statement implicit however radical issues are taught successful schools.

In his archetypal oversight proceeding arsenic lawyer general, Mr. Garland besides told the House Judiciary Committee that the peculiar counsel appointed by the Trump medication to scrutinize the Russia investigation, John H. Durham, had his fund approved for different year, indicating that his enactment was ongoing. And Mr. Garland confirmed that the department’s tax-related probe of President Biden’s lad Hunter Biden was continuing.

He declined to supply immoderate details, citing section regulations against speaking astir cases portion they are inactive open.

Mr. Garland utilized his opening statement to locomotion lawmakers done the enactment done implicit the past respective months to code what helium considers the department’s apical priorities: upholding the regularisation of law, keeping the state harmless and protecting civilian rights.

Democrats and Republicans mostly ignored his overview and focused alternatively connected issues that could resonate successful adjacent year’s midterm elections, including investigations into actions of erstwhile President Donald J. Trump and the relation of contention and different contentious topics successful schoolhouse curriculums.

Mr. Garland was confronted by Republicans astir his presumption that the Justice Department would respond to unit and threats of unit directed astatine schoolhouse committee members who person travel nether occurrence amid the nationalist statement implicit schoolhouse curriculum.

Republicans roundly attacked him implicit a memo that helium issued this period that said the section would respond to the “disturbing spike successful harassment, intimidation and threats of unit against schoolhouse administrators, committee members, teachers and staff” successful nationalist schools by prosecuting those crimes erstwhile appropriate.

Some Republican lawmakers noted that Mr. Garland issued the memo soon aft nationalist schoolhouse leaders asked Mr. Biden to code information issues that had arisen amid the combat implicit however to thatch students astir radical inequality and injustice, suggesting that the timing of the memo seemed to person been directed by the White House.

Mr. Garland said helium had not issued the memo astatine the behest of Mr. Biden.

Other Republicans said the memo had the effect of intimidating parents who expressed concerns astir schools and asked whether Mr. Garland intended to deploy the F.B.I. to schoolhouse committee meetings.

“I person nary volition of policing schoolhouse committee meetings,” Mr. Garland said. He said that the F.B.I. would not constabulary schools oregon intimidate parents, and helium noted that the memo did not authorize specified actions.

Teaching astir contention and racism has emerged arsenic an contented that has energized societal conservatives, arsenic person matters specified arsenic however schools admit sex and pandemic-era wellness and information policies.

While Democrats asked questions connected weapon control, inhumane situation conditions, hatred crimes against Asian Americans and voting rights, galore of them focused connected the Justice Department’s willingness to enforce subpoenas issued by the House prime committee investigating the Jan. 6 onslaught connected the Capitol.

Mr. Garland was questioned hours earlier the House voted to clasp Stephen K. Bannon successful contempt for refusing to comply with the prime committee’s subpoena. Mr. Bannon, who stepped down arsenic a apical White House advisor successful 2017 but continued to counsel Mr. Trump, has declined to supply documents oregon grounds to the committee, citing enforcement privilege.

The adjacent measurement successful the struggle is for the U.S. lawyer successful Washington to determine whether to enforce the subpoena.

Mr. Garland declined to accidental whether the Justice Department would enforce the subpoena against Mr. Bannon oregon to springiness his presumption connected however and erstwhile the section enforces legislature subpoenas.

“The Department of Justice volition bash what it ever does successful specified circumstances,” Mr. Garland said. “We’ll use the facts and the instrumentality and marque a decision, accordant with the principles of prosecution.”

The Justice Department’s enforcement determination volition person wide implications for the rule of enforcement privilege, arsenic the courts person not definitively ruled connected whether a president’s conversations with backstage citizens tin beryllium protected nether specified a privilege claim. And it volition person pragmatic implications for the prime committee, since the result for Mr. Bannon could power different witnesses who person not yet complied with the panel’s subpoenas.

There are astatine slightest 2 Justice Department opinions that mostly barroom prosecutors from enforcing specified subpoenas against enforcement subdivision officials erstwhile a president has invoked privilege.