Merritt Garland In Action

In February, 2016, Supreme Court Justice Antonin Scalia died. Barack Obama and his cronies desperately wanted to fill the vacancy on the Court left by Scalia’s death; they wanted to confirm Merritt Garland. Senate Majority Leader, Mitch McConnell, refused to bring Garland’s nomination up for consideration, arguing that the vacancy should be filled by the next President who would be elected later that year. Donald Trump was elected and immediately nominated Neil Gorsuch to fill the vacant seat on the Court and he was confirmed. In 2021, Garland was nominated by Joe Biden as Attorney General and confirmed.

Americans did not know it at the time, but the country dodged a bullet when McConnell refused to allow Garland’s nomination to move forward. Justices of the Supreme Court are required to enforce the Constitution, including the Fourth Amendment and its strictures against unlawful searches and seizures. This is not the place for a discourse on the history of British violations of colonial rights; that is well-documented in many other treatises. Suffice it to say that the Founders, while composing the Constitution and its Amendments, wanted to be sure that the records and belongings of citizens could not be seized without good and sufficient – probable cause that a crime had been committed. The government could not go on a fishing expedition.

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” [Fourth Amendment].

It appears that he who would be a Supreme Court Justice missed that part of Constitutional law or has decided it simply does not apply to him. At about the same time the so-called “Hunter Biden Laptop From Hell” was discovered, a diary apparently written by Ashley Biden, the daughter of Joe and Jill Biden, was found by a conservative outlet called National File. After National File published an article on the diary it delivered the same to Project Veritas. Project Veritas declined to publish the story despite the salacious details held in the diary because its authenticity could not be verified. Further, PV could not establish that the events recorded in the diary actually occurred, or even that the handwritten diary belonged to Ashley Biden. Project Veritas handed over the diary to law enforcement so it could be returned to its owner.

Recently, Project Veritas announced that Apple and Google have notified PV provided documents showing that Merritt Garland’s Department of Justice had issued nine secret subpoenas demanding production of private information belonging to several of its journalists. The subpoenas and warrants even extended to the journalists’ security detail.

The flagrant dishonesty of the FBI [again lying to a court, at least lying by omission] was its request for search warrants seeking “evidence of communications regarding or in furtherance of the subject offenses, such as communications regarding Ashley Biden … and/or Ashley Biden’s associated regarding her stolen property.”

The FBI also claimed that it was working to find evidence showing “the location of Ashley Biden’s property.” But note: that’s a lie! PV had already handed over the diary to the FBI. The government could not claim, in good faith, that it was looking for stolen property.

By the way – why was the federal government-DOJ-and the FBI investigating the alleged theft of Ashley Biden’s diary in the first place. Since when did the theft of a diary become a federal offense? If Ashley Biden was truly interested in retrieving her diary, why wasn’t that a job for Florida law enforcement? You know the answer. Because “the Big Guy” wanted the diary found in case it contained anything that would embarrass him!

Without question, the most egregious constitutional violation committed by Mr. Garland was compelling Apple and Google not to disclose that the constitutionally protected information of journalists was being sought by the Department of Justice, including payment information, addresses, browsing history and other personal information from multiple employees of Project Veritas.

These disclosures by Apple and Google came on the heels of the recent revelation that Microsoft Corporation had been similarly compelled by the Department of Justice. Garland filed a series of secret warrants, orders, and a subpoena to surreptitiously collect privileged and constitutionally protected communications and contacts of eight Project Veritas journalists.

We’re stuck with Merritt Garland until 2024 when we can hope for a new President and an honest Attorney General. Bu this sorry episode of constitutional misconduct should serve as a cautionary tale the next time a person is nominated for the Supreme Court. Senators must not take at face value the claims of the candidate concerning his fidelity to the Constitution. We, as Americans, are entitled to assurances that we will not have a “Merritt Garland” snuck in when we are not looking!

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