In private, [President] Biden … said he should have picked someone other than Merrick Garland as attorney general, complaining about the Justice Department’s slowness under Garland in prosecuting Trump, and its aggressiveness in prosecuting Biden’s son Hunter, according to people familiar with his comments.
During the 2020 presidential transition, Biden’s attorney general selection pitted some of his closest aides against each other. Former senator Ted Kaufman (D-Delaware) and Mark Gitenstein, both longtime friends of Biden, advocated for the president naming then-Sen. Doug Jones (D-Alabama) as attorney general, arguing that as a politician he would be better able to navigate the bitterly partisan moment.
But Ron Klain, Biden’s incoming chief of staff, pushed for Garland. He stressed that Garland — a federal judge with a sterling reputation for independence and fairness — would show Americans that Biden was rebuilding a department badly shaken by Trump’s political attacks.
Biden was persuaded, and some Democrats believe the decision had devastating results. Had the Justice Department moved faster to prosecute Trump for allegedly seeking to overturn the 2020 election and mishandling classified documents, they say, the former president might have faced a politically damaging trial before the election.
(Others blame the Supreme Court and a Trump-appointed judge in Florida for repeatedly siding with the former president and delaying the cases; the Justice Department declined to comment.)
The White House declined to make Biden available for an interview for this series.