The Lawfare Podcast: Merrick Garland, Ed Levi and the Power of Speech

Jen Patja Howell, Andrew Kent, Quinta Jurecic, Benjamin Wittes
Tuesday, December 21, 2021, 12:00 PM

Published by The Lawfare Institute
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Merrick Garland has been getting a lot of criticism these days, and a lot of it is less than entirely fair, or at least it's premature. But Andrew Kent, Quinta Jurecic and Benjamin Wittes argue in a Lawfare piece published today that there is at least one matter on which Garland's decision-making is ripe for criticism: He is not speaking enough.

Garland has modeled himself after Attorney General Ed Levi, the first post-Watergate attorney general, and in their article entitled, “Merrick Garland Needs To Speak Up,” Kent, Jurecic and Wittes argue that Levi actually used public speaking as a big part of his strategy to rejuvenate confidence in the Justice Department. Garland, by contrast, has been very quiet. Kent, Jurecic and Wittes hold the two up against one another and argue that Garland should make more of a case for what he's doing than he has so far. This episode is a reading of that article.

Jen Patja Howell is the editor and producer of The Lawfare Podcast and Rational Security. She currently serves as the Co-Executive Director of Virginia Civics, a nonprofit organization that empowers the next generation of leaders in Virginia by promoting constitutional literacy, critical thinking, and civic engagement. She is the former Deputy Director of the Robert H. Smith Center for the Constitution at James Madison's Montpelier and has been a freelance editor for over 20 years.
Andrew Kent is a professor at Fordham University School of Law and holds the John D. Feerick Research Chair.
Quinta Jurecic is a fellow in Governance Studies at the Brookings Institution and a senior editor at Lawfare. She previously served as Lawfare's managing editor and as an editorial writer for the Washington Post.
Benjamin Wittes is editor in chief of Lawfare and a Senior Fellow in Governance Studies at the Brookings Institution. He is the author of several books.

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