Mr. Garland, We're Ready for Your Close-up

On Feb. 22, President Biden’s pick for Attorney General, Merrick Garland, will finally get his day(s) at a Congressional Hearing. He was denied a hearing by the Republican Senate majority after being nominated for a vacant Supreme Court seat, by President Obama, on March 16, 2016.

Now, he’s back for what might be a more friendly reception by Republican Senators who probably couldn’t ask for an AG, from the Biden regime, who would be more to their liking . However, they, and everyone else, understand that this hearing is also a dress rehearsal for a future appointment to the Supremes.

Who is Merrick Garland, and why might the Republicans like him? In legalese, he practices judicial restraint more frequently associated with conservatives with a deference to executive power more typical of liberals.”

In non-legal terms, he kowtows to the rich and powerful and is reluctant to rock the boat. These tendencies could profoundly affect his tenure as Attorney General when it comes to taking on corporate monopoly power, or acting aggressively against rampant racism, sexism and discrimination against the poor, the oppressed and labor unions.

Garland will be evaluating every step he takes as to how it will play, if and when, he’s up for a lifetime appointment to the Court.

I’ve written several articles about M. Garland because of his awful decision in a case in which I was personally involved. In this case, Garland misread the law, either intentionally or accidentally, as you will see if you read these details.

At the time, I was chairperson of the Venice Committee to Save Our Post Office. Our committee included everyone who was anybody in Venice from groups like the Chamber of Commerce and local politicians to progressive and radical organizations. The P.O. was being sold off by a national real estate company run by Sen. Dianne Feinstein’s husband. Large demonstations and press conferences took place frequently, but they went unheard by the officials in Washington.

We also wanted to save the incredible mural-sized painting by Edward Biberman, entitled “The Story of Venice.” Biberman was a famous painter during the 1930s through the 1950s. His paintings still cost a fortune. Several of them hang in the National Portrait Gallery in Washington, DC. Edward Biberman was the brother of Herbert Biberman, a well-known Hollywood director, whose works include “Salt of the Earth.”

There were many villains in this story, and chief among them was Merrick Garland. This part of the story ends with the Post Office in private hands, and the mural/painting missing in action. Of course, it ain’t over til it’s over for many of us, including Attorney Elaine Mittleman.

All of this is preamble to the following article and briefs by Attorney Elaine Mittleman, who had litigated in Judge Garland’s court and before the Supreme Court.

Send me an email, <leftcoast@substack.com>, if you’d like to read Elaine Mittleman’s critique, and supporting documents, about Merrick Garland.

  • Elaine Mittleman Statement to Senate Judiciary Committee for hearing on 2.22.21.pdf

  • Mittleman v. Postal Regulatory Com'n, 757 F. 3d 300 D.C. Cir. 2014.pdf

  • Edge Investment, LLC v. Dist. of Columbia, 927 F. 3d 549 - Court of Appeals, Dist. of Columbia Circuit 2019.pdf

  • JMM CORP. v. District of Columbia, 378 F. 3d 1117 DC Cir. 2004.pdf

  • US v. Taylor, 339 F. 3d 973 DC Cir. 2003.pdf

    (Elaine Mittleman is an attorney in the DC area who has appeared in Judge Garland’s court on several occasions while fighting to save post offices across the nation.)

Edward Biberman’s 1941 mural/painting, which hung in the Venice Post Office Lobby for 71 years. It’s called “The Story of Venice.” That’s Abbot Kinney, town founder, in the center. Who are those two heads-of-state on the bottom right? Your guess is as good as ours.

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