AG Merrick Garland claims in interview he'd resign if Biden asked him to take action against Trump

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U.S. Attorney General Merrick Garland said in an interview that aired Sunday that he would resign if President Biden asked him to direct the Justice Department to go after former President Trump. 

During an interview with CBS News’ "60 Minutes," Garland responded to critics who claim he is trying to ruin Trump’s chances at re-election in 2024 with the timing of DOJ investigations and indictments.

"That’s absolutely not true. Justice Department prosecutors are non-partisan, they don’t allow partisan considerations to play any role in their determinations," Garland said. 

Garland named Special Counsel Jack Smith to lead the investigation into Trump. 

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U.S. Attorney General Merrick Garland testifies before the House Judiciary Committee holding an oversight hearing on the U.S. Department of Justice. (Win McNamee/Getty Images)

"The most important part of the regulations is that the special counsel is not subject to the day-to-day supervision of anyone in the Justice Department," Garland said, assuring that he is not in communication with the president or any member of his office with regard to Trump. 

"If President Biden asked you to take action with regard to the Trump investigation, what would your reaction be?" CBS News host Scott Pelley asked Garland during the sit-down interview. 

"I am sure that that will not happen, but I would not do anything in that regard," Garland said. "And if necessary, I would resign. But there is no sense that anything like that will happen." 

Garland insisted during the "60 Minutes" interview he has never had to tell Biden "hands off" because "he has never tried to put hands on these investigations." 

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Meanwhile, Republicans accuse DOJ Special Counsel David Weiss of slow-walking the yearslong investigation into Hunter Biden’s business dealings and taxes, condemning the alleged "politicization" of the Justice Department. So far, the president’s son has been indicted for lying about drug abuse when he purchased a firearm. His plea deal fell apart over the summer. 

"This investigation began under David Weiss. David Weiss is a long-standing career prosecutor, and he was appointed by Mr. Trump as the United States Attorney for the District of Delaware," Garland said. "I promised at my nomination hearing that I would continue him on in that position and that I would not interfere in his investigation." 

"You are not participating in those decisions?" Pelley asked of the Hunter Biden probe. 

"No, Mr. Weiss is making those decisions," Garland insisted.

"The White House is not attempting to influence those decisions?" Pelley pressed. 

"Absolutely not," Garland said, insisting he would make a forthcoming special counsel report public to the "extent permissible under the law that is required to explain the prosecutive decisions – their decisions to prosecute or not prosecute, and their strategic decisions along the way." 

U.S. Attorney General Merrick Garland testifies before the House Judiciary Committee on Sept. 20, 2023 in Washington, D.C. (Win McNamee/Getty Images)

Garland said he expects Weiss to also testify at the end of his report. 

President Biden is also under DOJ investigation into whether he improperly held classified documents after he was vice president, and Garland selected Special Counsel Robert Hur to head that case. Trump is facing two federal indictments for allegedly hoarding classified documents at his Mar-a-Lago estate in Florida and for his actions related to the Jan. 6 Capitol riot. 

"I have a good working relationship with the president," Garland assured. 

Garland appeared to grow emotional when discussing his concerns about violence, particularly as judges and prosecutors assigned to the Trump cases have received death threats. 

"People can argue with each other as much as they want and as vociferously as they want. But the one thing they may not do is use violence and threats of violence to alter the outcome," Garland said. "American people must protect each other. They must ensure that they treat each other with civility and kindness, listen to opposing views, argue as vociferously as they want, but refrain from violence and threats of violence. That’s the only way this democracy will survive."

U.S. Attorney General Merrick Garland is sworn-in before testifying before the House Judiciary Committee on Sept. 20, 2023 in Washington, D.C. (Win McNamee/Getty Images)

Garland said his own family fled religious persecution in Europe during the Holocaust, explaining his devotion to public service and the rule of law. 

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"We do not have one rule for Republicans and another rule for Democrats," Garland insisted. "We don’t have one rule for foes and another for friends. We don’t have one rule for powerful and another for the powerless. For the rich or for the poor, based on ethnicity. We have only one rule, and that one rule is to follow the facts and the law, and we reach the decisions required by the Constitution, and we protect civil liberties."