Brady Gen. Merrick Garland made his first public . [48] In May 2010, Senator Orrin Hatch, Republican of Utah, said he would help Obama if Garland was nominated, calling Garland "a consensus nominee" and predicting that Garland would win Senate confirmation with bipartisan support. Whelan [75], After the April 2010 announcement by Justice John Paul Stevens that he would retire, Garland was again widely seen as a leading contender for a nomination to the Supreme Court of the United States. Seybert padding-left: 10px; WASHINGTON (AP) The Senate confirmed Merrick Garland on Wednesday to be the next U.S. attorney general with a strong bipartisan vote, placing the widely-respected, veteran judge in the post as President Joe Biden has vowed to restore the Justice Department's reputation for independence. The question isn't one of degree. Middlebrooks [16] Justice Brennan, for whom Garland clerked, recommended Garland for the position in a letter to Clinton. Merrick Garland was nominated to the Supreme Court by President Barack Obama in March 2016. McLaughlin Buchwald In spite of this, Garland has continued to pursue the death penalty in cases wherein a previous administration had sought the death penalty against a suspected terrorist. display: inline-block; Circuit orders completion of Yucca Mountain nuclear facility review", "The Nomination of Merrick Garland is a Victory for Judicial Restraint", "Garland and the case of the 'hapless toad', "In Criminal Rulings, Garland Has Usually Sided With Law Enforcement", "The respectful disagreements of Judge Merrick Garland", "Judge Garland Would Be Good for HHS, CMS, Attorneys Say", Recent Case: D.C. In a notable ruling that year, Garland sided with the American Civil Liberties Union (ACLU) in a case in which the ACLU sought documents from the Central Intelligence Agency regarding the use of drone strikes in counterterrorism operations.
float:right; [181][182], Garland and his wife, Lynn, were married at the Harvard Club in Manhattan in September 1987. [112][114] Garland affirmed that the Justice Department would remain independent under his leadership. border:1px solid #FFB81F;  Schwartz   [52] Circuit Judge John Roberts dissented from the denial of rehearing en banc, writing that Congress's interstate commerce power cannot reach "a hapless toad that, for reasons of its own, lives its entire life in California.  Judge Merrick Garland delivered the opinion of the circuit panel. Stearns   Moreno   .widget-row.Republican { Attorney General Merrick B. Garland was sworn in as the 86th Attorney General of the United States on March 11, 2021.  Garland was born in Chicago, Illinois. 	color: black; [28] Garland offered to lead the trial team, but could not because he was needed at the Justice Department headquarters. Kaplan   Hall   [62][63][64], According to Goldstein, Garland has "tended to take a broader view" of First Amendment rights. Circuit, Mikva would rely on Garland when hiring law clerks. O'Malley   [3] Garland was one of the three principal prosecutors who handled the investigation into Washington, D.C. mayor Marion Barry's possession of cocaine. Presnell   HAAD Certified Dentists in Abu Dhabi.       Lock FBI's search of Mar-a-Lago lands Merrick Garland in a political firestorm The partisan outcry was the opposite of what Garland, a former federal judge, has sought in his 17 months on the job By . Bill Clinton. [136][137] On August 5, Garland opened another investigation into the Phoenix Police Department over its policies on dealing with the homeless. [121][166][167], In November 2021, the DOJ sued Texas over Senate Bill 1 which required rejection of mail ballots "for immaterial errors and omissions," alleging it would restrict voting for those with limited English proficiency, soldiers deployed and voters overseas. Garland wrote that the suit should be allowed to proceed because "no act of Congress and no judicial precedent" immunized the contractors from tort liability, the Federal Tort Claims Act specifically excludes contractors, and tort liability would not interfere with government operations. 	font-size: 1.2em; The CIA refused to confirm or deny that it had any such records and moved for summary judgment, arguing that whether or not the CIA had such records was exempt from disclosure under the Freedom of Information Act. Barnes   [183], Financial disclosure forms in 2016 indicated that Garland's net worth at the time was between $6million and $23M. Ridgway   Attorney General Merrick Garland has frustrated some Trump critics . Police state. Answer (1 of 15): He is a judge - he does not have political affiliation. "[23] In ACLU v. CIA (2013), Garland wrote for a panel unanimously rejecting the agency's Glomar response and ordering it to process the ACLU's FOIA request regarding targeted killings by CIA drones. Fletcher   At Harvard Law School he became an editor of the prestigious Harvard Law Review. Gaughan   Garland's nomination lasted 293 days (the longest to date by far), and it expired on January 3, 2017, at the end of the 114th Congress. [24], Garland then briefly returned to Arnold & Porter, working there from 1992 to 1993. Nugent   Brinkema   Postal Service (2005), Garland wrote for the court, holding that a U.S. Garland's comments were in response to a question by Sen. Lee asking if the DOJ has unevenly invoked the FACE Act to go after pro-life activists Read the entire original article that inspired us, Merrick Garland Says DOJ Has Prosecuted More Pro-Lifers Because Attacks Occurred 'During the Daylight', by Katherine Hamilton from Breitbart . [33] In Senate confirmation hearings Garland said that the Supreme Court justices whom he most admired were Justice Brennan, for whom he clerked, and Chief Justice John Marshall. [3], The following is a summary of Garland's career:[3]. Cabranes   Gershon   According to the Post's report, "Obama said this week that he wanted to make a decision quickly, and his announcement could come as early as next week.  [9], Clinton renominated Garland on January 7, 1997, to a seat vacated by Abner Mikva when Mikva assumed senior status.  chivas regal ultis vs royal salute; instagram models dubai; shooting in henderson, tx today; city of ottawa hedge bylaw; background-color: white; Cavanaugh    .widget-row.Libertarian { [184], Garland and his wife have two daughters, Rebecca and Jessica; both are graduates of Yale University.  Lynn Rosenman Garland's grandfather, Samuel Irving Rosenman, was a justice of the New York Supreme Court (a trial-level court) and a special counsel to presidents Franklin D. Roosevelt and Harry S. Truman. Attorney General Merrick Garland announced on . .infobox { Straub   }  	font-weight: bold; Merrick Garland Sees the Big Picture. Lisi   Downes   .widget-row.Independent, .widget-row.Nonpartisan, .widget-row.Constitution { Gettleman   Former U.S. President Donald Trump attends a rally ahead of Arizona primary elections, in Prescott Valley, Ariz., July 22, 2022. Chambers   [174][175][176][177], On July 28, 2021, the DOJ further rejected Rep. Mo Brooks's request to protect him in Eric Swalwell's civil lawsuit against him and President Trump concerning his comments and actions in the attack. v. Central Intelligence Agency, 2016 presidential candidates on U.S. Supreme Court nominee Merrick Garland, U.S. In addition to asking respondents whether they got political and election news in the past week from each of 30 different sources (selected to represent a range of news media across different platforms), respondents were asked in an open-ended question to write in the one main source they rely on most for this news. Dominguez   https://www.britannica.com/biography/Merrick-Garland, The United States Department of Justice - Merrick B. Garland, Merrick Garland - Student Encyclopedia (Ages 11 and up), Zelenskyy tells US, Europe law chiefs Russia must face court, Hunter Biden probe free of interference, Garland pledges, Top lawmakers briefed on Trump, Biden, Pence documents, Pence subpoenaed by special counsel probing Trump, bombing of the Alfred P. Murrah Federal Building. [154] McConnell wrote to Garland that parents "absolutely should be telling" local schools what to teach regarding contentious public issues. Ishii   Lenard   Jack Smith, the special counsel announced by Attorney General Merrick Garland on Friday to oversee the criminal investigations into the retention of classified documents at former President Donald . .widget-img {  In the 1970's, my wife and I, fairly young and stupid, found ourselves in alliance with a new-age cult near Cottage Grove, OR. 100% remote. Vance   Thrash, Aiken   	padding-left: 10px; The nominee is much like the president-elect: competent but boring with a few .  Gov. He also taught antitrust at Harvard Law School and published law review articles on both antitrust and administrative law. Bataillon   Blake   Phillips   [1] He grew up in the north Chicago border suburb of Lincolnwood. "[54] In 2007, Garland dissented when the en banc D.C. Melancon   Sleet   B. Parker   Kennelly   Circuit judges (en banc) that D.C.'s Juvenile Curfew Act of 1995 implicated at least some significant right of minors. Biden initially said in October he would convene a commission of leading academics to study possible reforms to the Supreme Court.At the time, Biden was torn between liberal activists who were . The crux is that Garland has left in place a policy first instituted by his Trump-appointed predecessor, William . Heartfield   Mickle   Stewart   Greenaway   Nancy Pelosi is a Democrat, and before becoming Speaker of the House, she served as the party's whip.   	font-size: .9em; Garland previously was a judge on the U.S. Court of Appeals for the District of Columbia Circuit (19972021; chief judge, 201320). President Barack Obama, a Democrat, nominated Garland to serve as an associate justice of the Supreme Court in March 2016 to fill the vacancy created by the death of Antonin Scalia. 	color: white; Joe Biden. Wallach    Hull   Motz   Trauger        Davis   Williams   Lawson   A A. Merrick Garland demonstrates what happens when America's top law enforcement officer stops serving the people of the United States and opts instead to become the president's personal hitman. Battani   Encyclopaedia Britannica's editors oversee subject areas in which they have extensive knowledge, whether from years of experience gained by working on that content or via study for an advanced degree. V. Roberts   [6]  The American Bar Association rated Garland Unanimously Well Qualified for the nomination.  [7][8] Two of his grandmother's siblings were later murdered in the Holocaust. He previously served as a U.S. circuit judge of the U.S. Court of Appeals for the District of Columbia Circuit from 1997 to 2021. Sri Srinivasan Is Up Next", "Obama to Nominate Merrick Garland to Supreme Court", "Garland Brings Centrist Flair to D.C.  } } Hamilton   Kelly    Fuentes   Judge Garlands nomination underscores the [Biden's] commitment to restore integrity and the rule of law, boost morale of the dedicated career professionals at DOJ, and build a more equitable justice system that serves all Americans."[5]. He stated that "the Department of Justice will do what it always does in such circumstances, we'll apply the facts and the law and make a decision, consistent with the principles of prosecution.  [4] This position requires Senate confirmation. And that is its only job, to decide cases and controversies in front of it under article three. [3][14][15] He initially wanted to become a physician, but soon decided to become a lawyer instead. He has demonstrated malice aforethought of and is criminally responsible for the coup and its . .clearfix { The Senate confirmed him on March 10, 2021, by a vote of 70-30. Pepper   The briefing, which will include a "risk assessment," comes just one day before Attorney General Merrick Garland will testify before the Senate Judiciary Committee. [59][60] In Parhat v. Gates (2008), Garland wrote for a panel that unanimously overturned the Combatant Status Review Tribunal's determination that a captured Uyghur was an enemy combatant. Caputo   After serving as a law clerk to Judge Henry J. [2] Click here to read more about the nomination. [44] Garland continued to serve as an active member of the court until his retirement. After high school, Garland studied social studies at Harvard University. [128] The review will examine "the risk of pain and suffering associated with the use of pentobarbital," "regulations made in November 2020 that expanded the permissible methods of execution beyond lethal injection, and authorized the use of state facilities and personnel in federal executions", and "December 2020 and January 2021 changes to expedite execution of capital sentences. And, for that, if you were to assign a political designation (once again, there are NO POLITICS IN A JUDICIAL DECISION), he might be seen a someone . Stein    Fallon   WASHINGTON  Attorney General Merrick B. Garland appointed a special counsel on Friday to take over two major criminal investigations involving former President . Immediately preceding his confirmation as Attorney General, Attorney General Garland was a judge of the United States Court of Appeals for the District of Columbia Circuit. U.S. Court of Appeals for the District of Columbia Circuit, https://ballotpedia.org/wiki/index.php?title=Merrick_Garland&oldid=8669036, Pages using DynamicPageList dplreplace parser function, Pages using DynamicPageList parser function, Conflicts in school board elections, 2021-2022, Special Congressional elections (2023-2024), 2022 Congressional Competitiveness Report, State Executive Competitiveness Report, 2022, State Legislative Competitiveness Report, 2022, Partisanship in 2022 United States local elections. On March 16, 2016, President Barack Obama announced Merrick Garland as his nominee to fill the late Justice Antonin Scalia's seat on the United States Supreme Court. [113] The Senate Judiciary Committee voted 157 to advance Garland's nomination to the Senate floor,[115][116] and on March 10, the Senate confirmed Garland's nomination by a vote of 7030. Under his leadership, the Department of Justice is dedicated to upholding the . The main reason to disbelieve the argument that Garland is preparing to indict is simple: To bring criminal charges against a former president from an opposing political party would be the . [15][29] He is also a member of the American Law Institute. Seymour   The DOJ in a court filing determined that Brooks' relevant comments and actions were outside the scope of his official responsibilities as a member of Congress. [48] Garland has been described by Nina Totenberg and Carrie Johnson of NPR as "a moderate liberal, with a definite pro-prosecution bent in criminal cases". Cote   The senior FBI agents objected that they believe that a consensual search was possible without the necessity of a raid. Garland was appointed to the D.C. Economus   Bucklo   will require its law enforcement officers to use body cameras in certain circumstances", "Justice Department Announces First Federal Agents to Use Body-Worn Cameras", "Justice Department announces investigation into Georgia prisons", "Justice Department Announces Investigation into Conditions in Georgia Prisons", "Department of Justice Announces Department-Wide Policy on Chokeholds and 'No-Knock' Entries", "Justice Department limits use of chokeholds and 'no-knock' warrants", "Bans on chokeholds for federal officers latest in nationwide push to hold police to a 'higher standard', "Justice Department Announces Investigation into Conditions at Five Juvenile Facilities in Texas", "Justice Department Addresses Violent Threats Against School Officials and Teachers", "McConnell challenges Garland on DOJ effort to address threats against public school board members and teachers", "NSBA, AASA Issue Joint Statement Calling for End to Threats and Violence Around Safe School Opening Decisions", "National School Boards Association Asks for Federal Assistance to Stop Threats and Acts of Violence Against Public Education Leaders", "National School Boards Association Statement in Response to Justice Department Action to Address Threats Against School Personnel", "School board group backtracks on letter for security help from DOJ", "9 House Republicans vote with Democrats to hold Steve Bannon in contempt for defying Jan. 6 subpoena", "Garland faces relentless GOP pressure after issuing memo on school board threats", "Attorney General Merrick Garland defends memo responding to threats of violence against school board members", "GOP senators erupt at Garland in heated hearing. Briscoe    "[126][127][179][180], In November 2022, days after Trump announced his 2024 presidential campaign, Garland appointed Jack Smith to serve as special counsel for the investigations of Trump. Frank   Merrick Garland's nomination to the Supreme Court by President Barack Obama died on base when Republicans refused to take it up. [3][2] Garland was also a Presidential Scholar and National Merit Scholar.[12][13]. Munley   "[126][127][160][161] Numerous Senate Republicans called on Garland to resign over the memo. Bryson   Before becoming a federal judge, Attorney General Garland spent a substantial part of his professional life at the Department of Justice. The government, academia, and influential media and tech corporations are actively trying to push us to the margins. [3] Garland mostly practiced corporate litigation, and was made a partner in 1985. [23] In cases involving the Freedom of Information Act and similar provisions related to government transparency, "Judge Garland's rulings reflect a preference for open government. Biery   Ward   Circuit on February 12, 2013.  As principal associate deputy U.S. attorney general from 1994, Garland oversaw several major domestic terrorism prosecutions, including that of Timothy McVeigh and Terry Nichols for the 1995 bombing of the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma, which killed 168 people. [142][143][144], On September 14, 2021, the DOJ announced a civil investigation into prisons in Georgia, focusing on prison violence and sexual abuse of LGBTQ prisoners by prisoners and staff, continuing with an initial investigation launched in 2016. Official websites use .gov In his opinion for the panel, Judge Garland wrote,[13], The question before us, then, is whether it is 'logical or plausible,'  for the CIA to contend that it would reveal something not already officially acknowledged to say that the Agency 'at least has an intelligence interest' in such strikes. Andrew Harnik/Getty Images. Herndon   [23] In United States ex rel. [11] However, according to Goldstein, in a number of split decisions on environmental law Garland "favored contested EPA regulations and actions when challenged by industry, and in other cases he has accepted challenges brought by environmental groups.  In a 2021 opinion, the Office of Legal Counsel acknowledged that its 2019 opinion on releasing Trump's tax returns "went astray" when it determined that Congress could not . Circuit.  Viewed Trump's Actions", "Biden Justice Department Seeks to Defend Trump in Suit Over Rape Denial", "Takeaways from Merrick Garland's hearing with the House Judiciary Committee", "Garland: DOJ 'will apply the facts and the law' when considering Bannon referral", "Attorney General Merrick B. Garland Imposes a Moratorium on Federal Executions; Orders Review of Policies and Procedures", "Garland imposes moratorium on federal executions", "U.S. attorney general imposes moratorium on federal executions", "Suspect in Bike Path Killing Faces First Death Penalty Trial Under Biden", "Garland rescinds Trump-era memo curtailing consent decrees", "Justice Dept.  Debra Anne Haaland (/  h  l  n d /; born December 2, 1960) is an American politician serving as the 54th United States Secretary of the Interior. Lazzara   Murtha    [22] Jones   Garland   Gold   Articles from Britannica Encyclopedias for elementary and high school students. Hunt   This week, prosecutors won their first convictions in federal court in a Jan. 6 case against former Texas oil . 	vertical-align: top; Our editors will review what youve submitted and determine whether to revise the article. Circuit reviewed cases arising from the Guantanamo Bay detention camp.  [23][66] Garland found the regulation to be facially overbroad and not narrowly tailored. Moore   Perry   Garaufis   Sen. Ted Cruz, shown in this file photo, was relaxed and funny in a podcast recorded from CPAC. Carter   } } [3] Tom Goldstein, the publisher of SCOTUSblog, wrote in 2010 that "Judge Garland's record demonstrates that he is essentially the model, neutral judge. Kornmann   Lynn   Circuit, Law clerks of the Supreme Court of the United States, United States Assistant Attorneys General, United States court of appeals judges appointed by Bill Clinton, United States Department of Justice lawyers, Unsuccessful nominees to the United States Supreme Court, Wikipedia articles incorporating text from the Biographical Directory of Federal Judges, All Wikipedia articles written in American English, Pages using Sister project links with wikidata namespace mismatch, Pages using Sister project links with hidden wikidata, Creative Commons Attribution-ShareAlike License 3.0, This page was last edited on 18 February 2023, at 01:52. The plaintiff in this case, the American Civil Liberties Union (ACLU) and the American Civil Liberties Union Foundation, filed a request under the Freedom of Information Act for records held by the Central Intelligence Agency (CIA) pertaining to the use of unmanned aerial vehicles. Garland had been deeply involved in the decision. [40], Garland was considered twice to fill vacated seats on the United States Supreme Court in 2009 and 2010, before finally being nominated in 2016 by President Barack Obama for the seat left vacant by the death of conservative Associate Justice Antonin Scalia. Furgeson   The 2020 Democratic National Convention was, officially, a program celebrating Joe Biden and Kamala Harris, the party's nominees for president and vice president. even though they have been drawn up by radical left Democrats and possible future political opponents, who have a strong and powerful vested . Droney   Tashima   R. Roberts   Hawkins   He received a hearing in December 1995, but a vote on his nomination was delayed due to a dispute in the Senate on whether the court's twelfth seat should be filled. Mikva. [152][153][126][154] He issued the memo soon after the National School Boards Association wrote to Biden to request a federal response to the protests and threats against school officials and investigations into whether they constituted as forms of domestic terrorism and hate crimes.  [88] Soon afterward, Senator Orrin Hatch, President pro tempore of the United States Senate and the most senior Republican Senator, predicted that President Obama would "name someone the liberal Democratic base wants" even though he "could easily name Merrick Garland, who is a fine man. Lasnik   Bucklew   	color: white; Democrats have praised Garland, a federal appeals . The GOP Senate's initial claim. Kessler   TTY/ASCII/TDD: 800-877-8339. [162] Seventeen Republican state attorneys general led by Todd Rokita, and numerous House Republicans, separately wrote to Biden and Garland requesting the memorandum be immediately withdrawn. Lindsay   Tarnow   [121][122][123][124], On June 7, 2021, the Justice Department continued its defense of a defamation lawsuit by E. Jean Carroll, arguing that President Trump could not be sued because he had denied her rape allegation in offending statements in his presidential capacity. Apply today! Sippel   [21] Garland graduated from Harvard Law in 1977 with a Juris Doctor magna cum laude. Pratt   [135] On April 26, Garland announced another investigation into the Louisville Metro Police Department in the aftermath of the killing of Breonna Taylor, examining the execution of search warrants.                	display: inline-block;  Silverman   When asked where he would place the judicial branch in relation to the legislative and executive branches, Garland said, "Well, in terms of primacy there is no way to do that. Holmes   Davis   A member of the Democratic Party, she served as chair of the New Mexico Democratic Party from 2015 to 2017 and as the U.S. representative for New Mexico's 1st congressional district from 2019 to 2021. A former Colorado clerk who has become a hero to election conspiracy theorists was convicted Friday of a misdemeanor obstruction charge for trying to prevent authorities from taking an iPad she allegedly used to videotape a court hearing. Borman   It also isn't the worst one. 	width: 250px; Merrick Garland Is a Great Pick; That May Not Matter Obama's Supreme Court nominee is the least political, most conciliatory choice. 	margin-bottom: 1px;  Gilman   Dawson   [3] The following year, Deputy Attorney General Jamie Gorelick a key mentor of Garland's[25] asked Garland to be her principal associate deputy attorney general. [11] He graduated in 1970 as the class valedictorian. Circuit. However, a dispute over whether to fill the open seat on the court led Senate Republicans to stall the nomination. 950 Pennsylvania Avenue NW
 	font-weight: bold; Mikva. A moderate and politically connected judge, Garland has been on Democratic Supreme Court shortlists since he was confirmed to the D.C. He was the ringleader. Cooper   Pechman   Scheindlin   [155][156][157][158], The memo prompted criticism from Republicans in the House and Senate, who accused Garland of treating parents like domestic terrorists, although the memo did not mention either terrorism or parents. The memo also limited the use of unannounced ("no-knock") entries when executing warrants, directing officers to knock-and-announce except "where an agent has reasonable grounds to believe that knocking and announcing the agents presence would create an imminent threat of physical violence to the agent and/or another person. Clay   [41] As chief judge, Garland announced in May 2013 that the D.C. The Washington Post is reporting that there was a heated debate in the Justice Department over the decision to raid Mar-a-Lago in July 2022. James   Wilson, Ambro    R. Parker   Circuit's panel decision in Parker v. District of Columbia invalidating the D.C. handgun ban.  All of this would seem to be a . Garland's approval rating is down to 30 percent, according to a recent survey from Rasmussen, a conservative-leaning but moderately well-regarded polling outfit. Daughtrey   Garland . } Cindrich   McKee   The First Thing Republicans Should Do When They Take Back Congress Is Impeach Merrick Garland. Tucker   Breyer   [16][20] Garland graduated from Harvard in 1974 with an A.B., summa cum laude, and was elected to Phi Beta Kappa. [24][71], In Hutchins v. District of Columbia (1999), Garland concurred with four other D.C. According to The Houston Chronicle in 2010: Garland appeared before the Senate Judiciary Committee in 1995 after his first nomination to the D.C. Hood   Casey   .widget-value { After assuming his seat on the appeals court, Garland became widely known as a judicial moderate. In the 2020 presidential election, held on November 3, Democrat Joe Biden defeated Trump. Garland vowed that, if confirmed, he would pursue a broad investigation into what he characterized as a heinous attack that sought to disrupt a cornerstone of our democracy: the peaceful transfer of power to a newly elected government. The Senate confirmed Garlands appointment as attorney general by a 7030 vote on March 10, 2021. .widget-row.Green { Wilson, Baer   [107], President-elect Joe Biden selected Garland for the position of United States attorney general, with news of the selection coming on January 6, 2021. "[16], He also noted the three justices he most admired: William Brennan, John Marshall and Oliver Wendell Holmes. 	float: right;  "[89] Five days later, on March 16, Obama formally nominated Garland to the vacant post of Associate Justice of the Supreme Court of the United States. } [68] In 2002, Garland joined a unanimous court in ruling for two federal prisoners who were denied the right to consume communion wine. During his confirmation hearing, Garland cited John Marshall, Oliver Wendell Holmes, Jr., and Brennan as important influences on him.  Friendly of the U.S. Court of Appeals for the Second Circuit (197778) and for Supreme Court Associate Justice William J. Brennan, Jr. (197879). 	font-weight: bold; Thornburg   Pauley   An official website of the United States government. Polster   The Senate confirmed him on March 10, 2021, by a vote of 70-30. [179] Garland told lawmakers that the Justice Department "will apply the facts and the law and make a decision" when considering a criminal contempt referral for Bannon. 

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