{"id":120185,"date":"2025-05-23T14:40:14","date_gmt":"2025-05-23T22:40:14","guid":{"rendered":"https:\/\/xira.com\/p\/2025\/05\/23\/merrick-garland-returns-to-biglaw-to-continue-not-prosecuting-donald-trump-from-the-private-sector\/"},"modified":"2025-05-23T14:40:14","modified_gmt":"2025-05-23T22:40:14","slug":"merrick-garland-returns-to-biglaw-to-continue-not-prosecuting-donald-trump-from-the-private-sector","status":"publish","type":"post","link":"https:\/\/xira.com\/p\/2025\/05\/23\/merrick-garland-returns-to-biglaw-to-continue-not-prosecuting-donald-trump-from-the-private-sector\/","title":{"rendered":"Merrick Garland Returns To Biglaw To Continue Not Prosecuting Donald Trump From The Private Sector"},"content":{"rendered":"
\"\"
(Photo by Brendan Smialowski\/AFP\/Getty Images)<\/figcaption><\/figure>\n

In a move that surprised absolutely no one and thrilled only the most ardent fans of procedural rigor, Merrick Garland has returned to Arnold & Porter as a partner in their Appellate & Supreme Court practice group. The former Attorney General who \u2014 depending on who you ask \u2014 exemplified judicious restraint or the Democratic Party\u2019s lingering commitment to bringing pointy sticks to gun fights is back in the private sector. <\/p>\n

Presumably Arnold & Porter will get a nasty executive order <\/a>by the end of next week.<\/p>\n

Garland\u2019s career arc is the stuff of centrist dreams: Harvard summa cum laude, clerkships with Judge Friendly and Justice Brennan, a stint at Arnold & Porter, and then a long tenure on the D.C. Circuit Court of Appeals. President Obama nominated Garland to the Supreme Court to replace Antonin Scalia as a concession to Senate Republicans who spent the preceding several years dragging Democratic nominees for not being Merrick Garland<\/em>. When presented with the opportunity to confirm their paradigmatic example of a judge, Republicans opted to shirk their constitutional duty to even hold a vote \u2014 turning \u201cadvice and consent\u201d into \u201cignore.\u201d<\/p>\n

As Attorney General under President Biden, Garland was tasked with restoring the Department of Justice\u2019s reputation for impartiality and independence. In a historic instance of overcorrection, he approached this mission with the fervor of a man meticulously organizing his sock drawer while the house burned down. <\/p>\n

Garland gets more flack than he should<\/a> for failing to address criminality in the prior administration. Prosecuting Donald Trump for January 6 might have satisfied a lot of people, but would\u2019ve stretched the bounds of criminal incitement. I\u2019m not sure people want to see what happens when politicians get prosecuted every time someone commits a crime in their name. When Garland stepped into the role, there wasn\u2019t much to suggest Trump did anything more than whip up his followers and then sit on his ass hoping they pulled off the insurrection. Despicable, but not criminal.<\/p>\n

That said, under Garland\u2019s watch antitrust efforts\u00a0moved slower<\/a>\u00a0than many hoped and he didn\u2019t reverse\u00a0the Trump DOJ\u2019s effort to derail the E. Jean Carroll case<\/a>. Garland\u2019s DOJ also went to the Supreme Court and asked to\u00a0functionally eliminate\u00a0Miranda<\/em>\u00a0rights<\/a>. So\u2026 not great.<\/p>\n

But when something arose that actually DID speak to Trump\u2019s criminality \u2014 hiding classified documents in a pool locker and having his lawyers lie and say those documents didn\u2019t exist \u2014 Garland appropriately appointed special counsel. Should the DOJ done more to fast track that case? Yes. Should it have moved forward to mandamus Judge Aileen Cannon while she auditioned for a future Republican promotion by playing constitutional law Mad Libs? Definitely\u2026 especially since the Eleventh Circuit had already expressed its opinion that Cannon was a clown<\/a>. <\/p>\n

While prosecutorial zeal often overshadows prudent judgment, the pendulum can swing too far. If Garland was right not to act earlier, he whiffed in not flooring it once he did. <\/p>\n

\u201cIt is an honor to return to Arnold & Porter, where I first learned how to be a lawyer and about the important role lawyers can play in ensuring the rule of law,\u201d Garland said of his return while other law firms take a hammer to the rule of law<\/a>. <\/p>\n

For Arnold & Porter, Garland\u2019s return is a coup not unlike January 6 itself. His deep experience in appellate litigation and his intimate knowledge of the inner workings of the DOJ will be invaluable assets for clients navigating complex legal challenges. <\/p>\n

Or would be if the Department of Justice still has anyone competent on staff<\/a>. <\/p>\n

Earlier<\/strong>: Stop Blaming Merrick Garland For Donald Trump Still Being A Free Man<\/a><\/p>\n

\n

\"Headshot\"Joe Patrice<\/a>\u00a0is a senior editor at Above the Law and co-host of Thinking Like A Lawyer<\/a>. Feel free to\u00a0email<\/a> any tips, questions, or comments. Follow him on\u00a0Twitter<\/a>\u00a0or Bluesky<\/a> if you\u2019re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search<\/a>.<\/em><\/strong><\/p>\n

The post Merrick Garland Returns To Biglaw To Continue Not Prosecuting Donald Trump From The Private Sector<\/a> appeared first on Above the Law<\/a>.<\/p>\n

\"\"
(Photo by Brendan Smialowski\/AFP\/Getty Images)<\/figcaption><\/figure>\n

In a move that surprised absolutely no one and thrilled only the most ardent fans of procedural rigor, Merrick Garland has returned to Arnold & Porter as a partner in their Appellate & Supreme Court practice group. The former Attorney General who \u2014 depending on who you ask \u2014 exemplified judicious restraint or the Democratic Party\u2019s lingering commitment to bringing pointy sticks to gun fights is back in the private sector. <\/p>\n

Presumably Arnold & Porter will get a nasty executive order <\/a>by the end of next week.<\/p>\n

Garland\u2019s career arc is the stuff of centrist dreams: Harvard summa cum laude, clerkships with Judge Friendly and Justice Brennan, a stint at Arnold & Porter, and then a long tenure on the D.C. Circuit Court of Appeals. President Obama nominated Garland to the Supreme Court to replace Antonin Scalia as a concession to Senate Republicans who spent the preceding several years dragging Democratic nominees for not being Merrick Garland<\/em>. When presented with the opportunity to confirm their paradigmatic example of a judge, Republicans opted to shirk their constitutional duty to even hold a vote \u2014 turning \u201cadvice and consent\u201d into \u201cignore.\u201d<\/p>\n

As Attorney General under President Biden, Garland was tasked with restoring the Department of Justice\u2019s reputation for impartiality and independence. In a historic instance of overcorrection, he approached this mission with the fervor of a man meticulously organizing his sock drawer while the house burned down. <\/p>\n

Garland gets more flack than he should<\/a> for failing to address criminality in the prior administration. Prosecuting Donald Trump for January 6 might have satisfied a lot of people, but would\u2019ve stretched the bounds of criminal incitement. I\u2019m not sure people want to see what happens when politicians get prosecuted every time someone commits a crime in their name. When Garland stepped into the role, there wasn\u2019t much to suggest Trump did anything more than whip up his followers and then sit on his ass hoping they pulled off the insurrection. Despicable, but not criminal.<\/p>\n

That said, under Garland\u2019s watch antitrust efforts\u00a0moved slower<\/a>\u00a0than many hoped and he didn\u2019t reverse\u00a0the Trump DOJ\u2019s effort to derail the E. Jean Carroll case<\/a>. Garland\u2019s DOJ also went to the Supreme Court and asked to\u00a0functionally eliminate\u00a0Miranda<\/em>\u00a0rights<\/a>. So\u2026 not great.<\/p>\n

But when something arose that actually DID speak to Trump\u2019s criminality \u2014 hiding classified documents in a pool locker and having his lawyers lie and say those documents didn\u2019t exist \u2014 Garland appropriately appointed special counsel. Should the DOJ done more to fast track that case? Yes. Should it have moved forward to mandamus Judge Aileen Cannon while she auditioned for a future Republican promotion by playing constitutional law Mad Libs? Definitely\u2026 especially since the Eleventh Circuit had already expressed its opinion that Cannon was a clown<\/a>. <\/p>\n

While prosecutorial zeal often overshadows prudent judgment, the pendulum can swing too far. If Garland was right not to act earlier, he whiffed in not flooring it once he did. <\/p>\n

\u201cIt is an honor to return to Arnold & Porter, where I first learned how to be a lawyer and about the important role lawyers can play in ensuring the rule of law,\u201d Garland said of his return while other law firms take a hammer to the rule of law<\/a>. <\/p>\n

For Arnold & Porter, Garland\u2019s return is a coup not unlike January 6 itself. His deep experience in appellate litigation and his intimate knowledge of the inner workings of the DOJ will be invaluable assets for clients navigating complex legal challenges. <\/p>\n

Or would be if the Department of Justice still has anyone competent on staff<\/a>. <\/p>\n

Earlier<\/strong>: Stop Blaming Merrick Garland For Donald Trump Still Being A Free Man<\/a><\/p>\n

\n

\"Headshot\"Joe Patrice<\/a>\u00a0is a senior editor at Above the Law and co-host of Thinking Like A Lawyer<\/a>. Feel free to\u00a0email<\/a> any tips, questions, or comments. Follow him on\u00a0Twitter<\/a>\u00a0or Bluesky<\/a> if you\u2019re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search<\/a>.<\/em><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

(Photo by Brendan Smialowski\/AFP\/Getty Images) In a move that surprised absolutely no one and thrilled only the most ardent fans of procedural rigor, Merrick Garland has returned to Arnold & Porter as a partner in their Appellate & Supreme Court practice group. The former Attorney General who \u2014 depending on who you ask \u2014 exemplified […]<\/p>\n","protected":false},"author":3,"featured_media":120186,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[16],"tags":[],"class_list":["post-120185","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-above_the_law"],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/xira.com\/p\/wp-content\/uploads\/2025\/05\/Headshot-300x200-vCcKF0.jpeg?fit=300%2C200&ssl=1","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/120185","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/comments?post=120185"}],"version-history":[{"count":0,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/120185\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media\/120186"}],"wp:attachment":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media?parent=120185"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/categories?post=120185"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/tags?post=120185"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}