A watchdog group is pressing Supreme Court nominee Merrick Garland to authorize the release of any records, which may or may not exist, related to his professional record working for the Justice Department.
The Foundation for Accountability and Civic Trust, a non-partisan ethics watchdog, is asking Garland to authorize the release of any Office of Professional Responsibility, or OPR, records that may exist from his time at Justice.
OPR, which reports directly to the attorney general, is the Justice Department division responsible for investigating allegations of misconduct involving department attorneys, including any potential complaints or investigations.
Matthew Whitaker, the director of the foundation, said he contacted OPR about whether any records exist on Garland and the office told him they won’t “confirm or deny” any records until Garland submits a form authorizing their release.
Whitaker then sent Garland a letter asking him to submit the needed authorization, arguing that the public has the right to know whether any records exist from his 10 years of service.
“Because you served in the DOJ for nearly 10 years in both litigation and policy roles, American citizens need to know whether any such records exist and to examine existing records in order to evaluate your qualifications to serve as a Supreme Court justice,” Whitaker wrote in his letter. “Without your consent, there is simply not other method for citizens to obtain this information.”
Whitaker says he’s worried about Garland’s level of transparency after a National Journal story revealing that Garland’s personnel file from his days clerking for the late Supreme Court Justice William Brennan Jr. is also sealed.
In addition, last Whitaker sent a letter to Harvard University and Garland requesting all records to be released related to the ban of the Reserve Officers’ Training Corps from Harvard’s campus. The Boston Globe last month reported that Garland, while a student leader at Harvard during the Vietnam War, advocated for a referendum to make permanent the school’s ban on allowing a ROTC chapter on campus.
