Where Have You Gone, Merrick Garland?

By Rabbi Michael Leo Samuel

Rabbi Dr. Michael Leo Samuel

Merrick Garland

CHULA VISTA, California — Attorney General Merrick Garland has long been a staunch advocate for civil rights. In June 2021, Garland announced measures to strengthen voting rights, including doubling the DOJ’s enforcement staff. He also sued Georgia over new voting restrictions targeting Black Americans and violating the Voting Rights Act of 1965. He also sued Texas over Senate Bill 1, which allegedly discriminated against voters with limited English proficiency, deployed soldiers, and overseas voters. A separate lawsuit against Texas claimed its redistricting plans discriminated against Latino and Black voters.

Garland’s DOJ focused on civil rights, rescinding Trump-era limitations on investigations into police misconduct and consent decrees. It launched investigations into multiple police departments and reversed a ban on federal officers using body-worn cameras. The DOJ also initiated reforms on prison abuses, restricted the use of chokeholds and no-knock entries by federal officers, and investigated abuse in juvenile detention in Texas.

Regarding the January 6 U.S. Capitol attack, Garland upheld the DOJ’s stance of transparency, allowing unrestricted testimony from former DOJ officials and rejecting claims of executive privilege in related legal matters. In November 2022, following Trump’s announcement of a 2024 presidential run, Garland appointed Jack Smith as special counsel for Trump-related investigations.

When he was first nominated to serve on the Supreme Court, I felt at that time he might make a good member and that he struck me as having a humble demeanor—a rarity that is seen in the modern-day political arena and public square.

In one speech he gave on March 7, 2024, Merrick Garland did briefly touch upon the problem of antisemitism. Garland discussed the alarming increase in threats against Jewish communities in the U.S. since October 7, noting that the FBI has significantly stepped up its investigations into anti-Jewish hate crimes. He highlighted the pervasive fear within these communities, where even signs of their identity could make them targets for violence. Garland emphasized the solidarity shown toward Muslim, Arab, and Palestinian communities facing similar threats and reiterated that no community should live in fear of violence.

But a lot has changed since March 7, 2024. When it comes to the problems of antisemitism on the college campus, he has scarcely been seen. If I did not know better, I would say that he had been missing in action.

I am reminded of a verse Simon and Garfunkel famously chanted:

*Where have you gone, Joe DiMaggio?
Our nation turns its lonely eyes to you
Woo, woo, woo
What’s that you say, Mrs. Robinson?
Joltin’ Joe has left and gone away
Hey, hey, hey
Hey, hey, hey*

That song brings back some warm and fuzzy memories of 1968, when the song first came out. But today, I think as Jews, we might want to change the words to reflect a more contemporary reality:

*Where have you gone, Merrick Garland?
Our nation turns its lonely eyes to you.
You’re a Jew, Jew, Jew.
What’s that you say, Mr. Chuck Schumer?
Merrick Garland has left and gone away.
Oy vey, oy vey.
Oy vey, oy vey.*

The recent tensions over the Israel-Hamas war have spilled over onto U.S. college campuses, leading to intense scrutiny by Congress. College leaders, including the presidents of Harvard, the University of Pennsylvania, and MIT, were questioned by the House Committee on Education and the Workforce regarding their response to campus antisemitism and their institutions’ overall climate.

During the hearing, Harvard President Claudine Gay acknowledged the pain felt by the Jewish community, stating, “I have heard from faculty, students, staff, and alumni of incidents of intimidation and harassment.”

In his March 7 speech, Garland shared his family’s history of fleeing persecution in Eastern Europe, underscoring the profound impact of America’s protections which allowed them to live without fear. He concluded by asserting that ensuring these protections remains a collective responsibility of all Americans and the DOJ, essential for upholding the nation’s commitment to equality and justice.

If Merrick Garland really meant what he said, then he needs to step up to the plate and combat the surge of antisemitism that Jewish students are experiencing everywhere in our college campuses.

As we observe the Islamization of over 200 college campuses exploding with hatred toward Israel and “Zionists,” and anyone who dares to wear a kippa or a Star of David, we have every right to expect a robust response where he will have the Department of Justice investigate every university and their respective administrations where that occurs.

We do not want or desire an anemic response. We cannot stand by and allow Hamas and their masters to deconstruct our country.

We expect better from you.

You must choose to be part of the solution, or otherwise you and your DOJ are a part of the problem.

*
Rabbi Michael Leo Samuel is spiritual leader of Temple Beth Shalom in Chula Vista. He may be contacted via

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