“Conscience doth make cowards of us all.” Those words from Hamlet captured the moral dilemma for many of us as we face the costs of conscience.
For each of us, there often comes a moment when our principles are put to an undeniable and unavoidable test. It may be as simple as cheating on a test, shoplifting a product, or admitting to a wrong. It is natural to want to avoid such moments, particularly when we cannot even admit to ourselves that we may not be the person we have long claimed.
For Attorney General Merrick Garland, that moment of truth has finally arrived. Garland has long maintained that he is an apolitical attorney general who does not even consider the political consequences of his actions. Over the last three years, some of us have questioned that commitment in a series of actions or, more importantly, non-actions. Yet, Garland has always been able to evade responsibility by shifting decision-making to others or claiming a lack of knowledge.
Yesterday, Garland ran out of room to maneuver when three House committees (Oversight, Judiciary, and Ways and Means) sent him formal referrals for the perjury prosecution of Hunter Biden and his uncle, James Biden. The evidence of false answers to Congress is overwhelming and Garland’s department has prosecuted Trump associates and others with far less in past cases, including the prosecution of former Trump National Security Adviser Michael Flynn.
Here is the Committee’s summary of the allegations, which I also previously discussed in a column:
During his deposition, Hunter Biden made false statements about holding a position at Rosemont Seneca Bohai (RSB), a corporate entity that received millions of dollars from foreign individuals and entities who met with then-Vice President Biden before and after transmitting money to the RSB account that then transferred funds to Hunter Biden. After deposing Hunter Biden, the Committees obtained documents showing Hunter Biden represented that he was the corporate secretary of RSB.
Additionally, Hunter Biden during his testimony relayed an entirely fictitious account about threatening text messages he sent to his Chinese business partner while invoking his father’s presence with him as he wrote the messages. Hunter Biden testified he had transmitted this threat to an unrelated individual with the same surname. However, documents released by the Committee on Ways and Means demonstrate conclusively that Hunter Biden made this threat to the intended individual, and bank records prove Hunter Biden’s Chinese business partners wired millions of dollars to his company after his threat. A portion of the proceeds has been traced to Joe Biden’s bank account.
During James Biden’s transcribed interview, he stated that Joe Biden did not meet with Tony Bobulinski, a business associate of James and Hunter Biden, in 2017 while pursuing a deal with a Chinese entity, CEFC China Energy. His statements were contradicted not only by Mr. Bobulinski, but Hunter Biden. Mr. Bobulinski also produced text messages that establish the events leading up to and immediately following his meeting with Joe Biden on May 2, 2017.
These are straight-forward questions and answers. More importantly, both men knew and prepared for these questions. They were widely discussed before their testimony. They appear to have knowingly lied. The question is what Garland is now prepared to do about it.
For Garland, a bill has come due. I supported his appointment as Attorney General because I respected his integrity and intellect as a federal judge. I believed his claim that he would not allow political considerations to cloud his judgment. I grew more critical as I saw Garland struggling to avoid decisions that would work against President Biden or his family.
Now, Garland has what appears flagrant perjurious statements made by the President’s son and brother. Given the fact that these were anticipated questions, the false answers appear premeditated and egregious. Hunter and Jim Biden displayed a sense of impunity in denying facts that the committees (and many commentators) believe are well established on the available evidence. Those facts were highly embarrassing to the Biden family and they allegedly chose to lie rather than admit to them.
The fact that such alleged false statements occurred in the midst of an impeachment investigation only magnifies the concerns. This was an effort to establish the President’s knowledge of a massive corrupt influence peddling operation maintained by his family.
The gun charge in Delaware is a relatively minor criminal allegation. This is far more serious and could impose far greater punishment for the President’s son.
In the Trump cases, the Justice Department moved with impressive speed in going to grand juries against figures for false statements or contempt of Congress. There was little handwringing, no hem and hawing.
So Garland’s moment of truth has arrived. He will either have to meet it or shrink from it. Either way, the Attorney General is about to give the full measure of himself and his office.
