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Mike Lee: White House Should Consider Merrick Garland for FBI Director

May 11, 2017

Sen. Mike Lee (R., Utah) wants President Donald Trump to nominate Judge Merrick Garland to be the next FBI director.

Lee was asked on Fox News who he thought should replace recently fired FBI Director James Comey. Comey's termination has prompted backlash from both Democrats and some prominent Republicans. The media has speculated on many possible replacement options, but Lee had his own surprise pick.

"One name that I think the White House really ought to consider is Merrick Garland, the D.C. Circuit judge who was nominated for the Supreme Court last year," he said.

Garland's nomination last year by then-President Barack Obama did not result in a confirmation vote. Senate Republicans refused to hear the nomination of a replacement for the late Supreme Court Justice Antonin Scalia until a new president was elected. Many Democrats were critical of the move, attacking Republicans for "stealing" the seat that would eventually go to now-appointed Associate Justice Neil Gorsuch.

Lee glossed over Garland's fraught history, insisting that he was a solid choice for FBI director due to his background as a prosecutor.

"This is someone with a long history of prosecutorial experience," he said. "He's one of the lead prosecutors who was behind the Timothy McVeigh prosecution in Oklahoma City. And I think this would be an exciting pick."

Asked if he thought the White House might actually consider appointing Garland, Lee did not seem wholly pessimistic.

"I suspect the White House might. I think it has some advantages to it, because as you point out, this is someone who has a lot of bona fides as a prosecutor. This is a prosecutor's prosecutor," Lee argued.

In tandem with his interview, Lee's official Twitter account tweeted his support for nominating Garland, "instead of a special prosecutor."

At least one of Lee's Democratic colleagues was in agreement. Sen. Amy Klobuchar (Minn.) tweeted her support of Lee's suggestion, saying that "Former prosecutor Merrick Garland for FBI director is a great idea."