In a 70-30 vote that included 20 Republicans, the Senate has confirmed Merrick Garland to be the nation's next attorney general and he has pledged to use that post for strong antitrust enforcement.

Garland has long been a fixture on the U.S. Court of Appeals for the D.C. Circuit, including as chief judge. That court has principle jurisdiction over challenges to FCC decisions. Garland was President Obama's pick for the Supreme Court vacancy opened up by the death of Associate Justice Antonin Scalia--Republicans refused to consider him and ran out the clock on the Administration. Instead, Donald Trump put conservative Neil Gorsuch on the court.

At his confirmation hearing, Garland pledged that he will be a strong enforcer of antitrust law as "the charter of American economic liberty" and expects to need more resources to do so.

Asked by Sen. Chris Coons (D-Del.) if he thought the Justice Department had a role in examining the role of online misinformation in contributing to domestic division and terrorism and helping develop "reasonable solutions," Garland said he had no specific legislative solutions, but said he thought that the important part of the investigation of violent extremist groups is "following their activities online and getting an idea of the misinformation being put out."

Coons said he looked forward to working with Garland to find the correct balance between personal liberty and competitiveness and pushing back on digital authoritarianism.

Facebook Wednesday (March 10) asked a court to dismiss the government's case against it over the purchase of Instagram and WhatsApp. But Garland has pledged to take the issue of whether Big Tech was allowed to purchase nascent competitors to foreclose competition very seriously. 

Also Read: Garland Says Ex-Facebook Lawyer Not up for Antitrust Chief

Before becoming a federal judge in 1997, Garland had a lengthy career at Justice, including as a special assistant to Attorney General Ben Civiletti, assistant U.S. attorney; a supervisor in the criminal division and a senior official in the deputy attorney general's office. 

Motion Picture Association Chairman Charles Rivkin welcomed the nomination and what he hoped would be a good working relationship on the issue of intellectual property protection.

“Merrick Garland’s decades of legal experience, both in the Justice Department and as a respected federal judge, will serve him well as our nation’s next Attorney General," said Rivkin. "Following his bipartisan Senate confirmation today, the Motion Picture Association looks forward to working with him to safeguard America’s creative community, protect free speech and enforce intellectual property laws.

Also Read: House Dems Press Garland to Drop Net Neutrality 

“Copyright is the foundation of our nation’s creative economy, supporting the livelihoods of millions of American creators. Because of strong copyright protections, the U.S. creative economy is unparalleled around the world. The MPA is confident Attorney General Garland appreciates the unique value of the nation’s film, television and streaming industry – including the 2.5 million American jobs it supports – and will work during this challenging time to ensure our community can rebuild stronger than ever before.”

Attorney General nominee Merrick Garland said Monday that reports that Susan Davies, a lawyer who has defended Facebook against antitrust charges, is being considered as head of the antitrust division are inaccurate.

That came during day one of the planned two-day nomination hearing in the Senate Judiciary Committee. 

Also Read: House Dems Press Garland to Drop Net Neutrality Suit

Justice has filed suit against Facebook for its purchases of Instagram and WhatsApp? over the issue of buying startups before they can become competitors.

Asked by Sen. Josh Hawley (R-Mo.) how a lawyer who had defended Facebook could be put in charge of the Antitrust Division, he said he knew Davies, was confident she would be fair in whatever role she had, that he would be eager for her counsel, but that the press reports were "completely incorrect" and as far as he knew she was not under consideration to head the department. 

He said he did not think either he or Davies had any aspirations that she head up the division. But he also pointed out that the department has recusal rules that would prevent someone in that post from taking a role in a cast like that. 

He called Davies a fantastic lawyer and woman of "enormous integrity" and remarkable ability. He said if she were in any role in the department she would know when to recuse herself. 

Also Read: Merrick Garland Stresses Strong Antitrust Enforcement

He pointed out that "unfortunately or fortunately, some of the best antitrust lawyers in the country have some involvement in some part of high tech and we can't exclude ever single good lawyer from being in the division. "But that is not an issue and nothing to be concerned about," he told Hawley, who appeared to accept that answer, and with some relief.

Merrick Garland, the D.C. federal appeals court judge that Joe Biden's former boss, President Barack Obama, unsuccessfully tried to put on the Supreme Court, has been tapped by President-elect Biden to be Attorney General.

Also Read: Obama Nominates Garland for High Court

Garland joined the U.S. court of Appeals for the D.C. Court, which has principal jurisdiction over challenges to FCC decision, in April 1997 and is the former chief judge of that court. He is also a Justice Department veteran who led the investigations of the Unabomber and the response to the Oklahoma City bombing. He served as deputy assistant attorney general in the criminal division and principal associate deputy attorney general.

The Biden transition team billed the choice of Garland as "underscoring the President-elect’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."

The announcement came the day after a mob of Trump supporters trampled on that rule of law en route to storming the Capitol in an effort to protect Congress' certification of President-elect Biden as the winner.

Also tapped for top Justice Department posts were Lisa Monaco as deputy attorney general. She was a 15-year veteran of the department including serving as assistant attorney general for national security under President Obama, the first woman to hold that post.

Vanita Gupta, former acting assistant attorney general, has been named associate attorney general, the first woman of color--she is an Indian-American--to serve in that role.

Kirsten Clarke, president and executive director of the Lawyers’ Committee for Civil Rights Under Law (Lawyers’ Committee), has been named assistant attorney general for civil rights.

“Merrick Garland is a brilliant judge who has earned the respect of lawmakers from both parties throughout his decades in public service," said Sen. Amy Klobuchar (D-Minn.), ranking member of the Judiciary Committee. "The Attorney General of the United States serves as the people’s lawyer, and I have full confidence that Judge Garland will restore credibility and independence to the Department of Justice. I look forward to working with him to make systemic reforms to our justice system, secure Americans’ right to vote, and counter the increasing monopolization that is hurting consumers.”

Bill Barr, embattled attorney general and former Verizon executive, is resigning. 

President Donald Trump, who has been highly critical of Barr for not disclosing a federal investigation into Hunter Biden before the election, tweeted: 

"Just had a very nice meeting with Attorney General Bill Barr at the White House. Our relationship has been a very good one, he has done an outstanding job! As per letter, Bill will be leaving just before Christmas to spend the holidays with his family..."

Also Read: House Bill Bans Warrant-Proof Encryption

Deputy Attorney General Jeff Rosen will be acting attorney general.

Barr would have been exiting by January anyway with the arrival of the Biden Administration.

Also Read: Barr Says China is on Wat to 5G Advantage

Barr is a familiar face, both at Justice where he was attorney general under George H.W. Bush, and in communications circles, where he was a Verizon Communications executive and a member of the Time Warner board. Barr filed an affidavit in the AT&T-Time Warner legal case (Justice unsuccessfully challenged the deal and is still challenging it), taking issue with DOJ antitrust chief Makan Delrahim's characterization of a meeting about the deal where Barr was also in attendance.

Attorney General Bill Barr made Apple's refusal to build government back-doors into information on its iPhone part of the lead of his announcement on the December shooting at the Pensacola Naval Air Station.

Barr said Apple's practice of warrantless encryption is "dangerous" and "unacceptable."

Related: Barr Says Warrant-Proof Encryption Aids Sexual Exploitation

Mohammed Saeed Alshamrani shot and killed three U.S. sailors. Barr and Justice had sought Apple's help in unlocking the phones, but Apple had designed the phones so that only the user could gain access, something Justice is not happy with.

Related: CCIA 'Disayed' at Barr Encryption Stand

Barr announced that there was a definite link between Alshamrani and Al Quaeda, which had been confirmed because after four months the FBI had unlocked his phones, but added a "no thanks to Apple" high in his announcement. DOJ had a warrant, but it took DOJ four months to crack the encryption Apple had built in to protect user privacy.

"Four months ago, I announced that this shooting was an act of terrorism," Barr said. "I also publicly asked Apple to help us access the locked contents of the two iPhones belonging to the deceased terrorist Mohammed Saeed Alshamrani. It was clear at that time that the phones were likely to contain valuable information. Indeed, Alshamrani attempted to destroy both phones, even going so far as to disengage from the gunfight long enough to fire a bullet into one.

"Within one day of the shootings, the FBI sought and obtained court orders, supported by probable cause, authorizing the FBI to search the contents of both phones as part of its investigation. The problem was that the phones were locked and the FBI did not have the passwords, so they needed help to get in. We asked Apple for assistance and so did the President. Unfortunately, Apple would not help us unlock the phones. Apple had deliberately designed them so that only the user — in this case, the terrorist — could gain access to their contents. "

Barr said that the information secured by the FBI had already proven "invaluable" in protecting Americans, sending the clear message that those lives could have been protected months sooner had Apple built in a back door.

Barr has long argued that law enforcement must have access to secure devices to be able to deter and solve crimes, and that tech has to be part of the solution.

The concern predates Barr or the Trump Administration. FBI Director James Comey expressed similar concerns over warrant-proof encryption. 

Senate Judiciary Committee chairman Charles Grassley (R-Iowa) has signaled he plans to hold a confirmation hearing before Inauguration Day on the nomination of Sen. Jeff Sessions (R-Ala.) as U.S. Attorney General atop the Justice Department, which routinely vets media mergers for antitrust issues.

Grassley on Tuesday (Nov. 29) met with Sessions, a senior Judiciary Committee member, and said that while he had not yet set a firm date date, the hearing would be before the President-elect is sworn in Jan. 20.

"“I was glad to have Sen. Sessions in my office today," Grassley said. "Members of the Judiciary Committee know him to be an honorable man, and a person of integrity.  He knows the Justice Department well, and cares deeply about the even-handed application of the law."

Given that some members of the Judiciary Committee have served with Sessions for a couple of decades, the committee won't have a big learning curve reviewing his nomination.

Republican FCC commissioner Ajit Pai, a leading contender for interim FCC chair and perhaps permanent chair, worked with Sessions on the Senate Judiciary Committee and has called him "a good man and a superb senator: honorable, thoughtful, devoted to the Constitution, and deeply committed to equal justice and the rule of law."

The Progressive Change Campaign Committee was not so happy with the Sessions pick, saying he would be a boon to big business and likening him to "the proverbial fox guarding the henhouse."

"Senator Sessions will receive the fair and thorough vetting process he deserves," Grassley said.