Biden says 'no time to waste' on COVID relief bill

Garland became emotional when discussing his motivations for confronting hatred answering a question from Sen. Cory Booker, D-N.J., choking up when discussing his grandparents who fled from religious persecution.

"So, you know, I come from a family where my grandparents fled anti-Semitism and persecution. The country took us in, and protected us, and I feel an obligation to the country to pay back and this is the highest, best use of my own set of skills to pay back. And so, I want very much to be the kind of attorney general that you're saying I could become," Garland said. "And I'll do my best to try to be that kind of attorney general."

Sen. Chris Coons, D-Del., kicked off his line of questioning by asking Garland what his position is on police-worn body cameras to ensure accountability and trust between law enforcement and citizens. Garland said he believed personally "that body cams are a very important tool to protect both officers and the citizens." He specifically noted that body cams have helped the public see what officers were enduring on Jan. 6 when Trump supporters were attacking law enforcement officers. 

Coons then asked Garland whether he believes the Justice Department has a role in working with the Congress to find solutions to spreading misinformation online and how it contributes to radicalizing domestic extremists. Garland said he didn't know of any legislation in that area but does think "that an important part of the investigation of violent extremist groups is following their activities online and getting an idea of what kind of information and misinformation is being put out."

When asked whether an independent commission into the events at the Capitol is appropriate, Garland said he believes Congress has the authority to pursue appointment of such a commission but that if confirmed he would ask that it not "interfere with our ability to prosecute individuals and entities that caused" the storming of the Capitol.

-ABC News' Luke Barr

Biden's pick for attorney general, Merrick Garland, was questioned by Sen. Mike Lee, R-Utah, about his views on the Second Amendment right to bear arms. Garland cited Supreme Court precedent saying the right to bear arms in his belief is one that is "subject to some limitations," citing former Supreme Court Justice Antonin Scalia. He wouldn't answer directly whether he supports "universal background checks" for all firearms owners but said that he believed it is important for checks to ensure that people like felons or other potentially dangerous individuals are not permitted to buy guns.

Sen. Ted Cruz, R-Texas, used his line of questioning to raise concerns about the Justice Department being "politicized and weaponized" under the Obama Administration and cited former Attorney General Eric Holder's comments that he saw himself as a "wingman" to former President Barack Obama. Asked whether Garland viewed himself as a "wingman" to Biden, Garland said he didn't want to comment on any of his predecessors but said he "could assure you that I do not regard myself as anything other than a lawyer for the people of the United States."

 When asked about the federal death penalty, Garland said the death penalty gives him "great pause" because of the racial disparity and number of exonerations that come from death penalty cases.

"I have had a great pause about the death penalty. I am very concerned about the large number of exonerations that have occurred through DNA evidence and otherwise, not only in death penalty convictions, but also in other convictions, I think, a terrible thing occurs when somebody is convicted of a crime that they did not commit," Garland said.

-ABC News' Luke Barr

Garland described the Jan. 6 insurrection at the Capitol as "the most heinous attack on the democratic processes I have ever seen and one I never expected to see in my lifetime." He added he will make sure to provide career prosecutors all the resources they need to carry out their investigations while also taking a broader look at the symptoms behind the country's domestic extremism problem. 

Asked by Sen. Dianne Feinstein, D-Calif., whether the president "has the absolute right to do what he wants with the Justice Department," Garland said presidents are "constrained by the Constitution as are all government officials" and cited comments by Biden committing to not interfere with Justice Department matters. At the same time, Garland said that the Department of Justice is part of the executive branch and because of that, on policy matters they do "follow the lead of the president and the administration as long as it is consistent with the law." When asked who an attorney general represents when his interests conflict with the president's, Garland said the attorney general "represents the public interest, particularly and specifically as defined by the Constitution and the statutes of the United States." 

Asked whether the president can order an attorney general to open or close an investigation, Garland said such a question was a hard one for constitutional law but that he did not expect it to be a question for himself given President Biden's statements assuring independence for the department. 

Sen. Lindsey Graham, R-S.C., took a contentious tone with Garland in his line of questioning as he pressed him on multiple topics. At one point, when Graham asked Garland whether he thought former FBI Director Comey was a good FBI director, Garland declined to answer, which Graham said he found "stunning" because he thought Comey was terrible. Sen. Sheldon Whitehouse, D-R.I., pressed Garland on whether he would commit to investigating not only the rioters who attacked the Capitol on Jan. 6, but those "upstream" like the funders, organizers, ringleaders or others not actually at the Capitol.  Garland cited his past experience as a line prosecutor, noting "we begin with the people on the ground and we work our way up to those who are involved and further involved -- and we will pursue these leads wherever they take us."

Asked about whether he would end the Trump Justice Department's policy of generally stonewalling in the face of oversight requests from Congress, Garland committed to Whitehouse that the department would be "as responsive as possible" to any requests and "at the very least why if it can't answer a question or can't answer a letter." Garland also committed that he would work with Whitehouse on getting answers to the committee on requests that the Justice Department under Attorneys General Bill Barr and Jeff Sessions previously ignored. 

In an exchange with Sen. John Cornyn, R-Texas, Garland committed that his personal politics will have no impact on prosecutions and investigations he oversees as attorney general. Asked what he would do if he was ordered to do something that he considered to be unlawful, Garland said he would first tell the president or whoever else was asking him that what they were ordering was unlawful and would resign if no alternative was accepted. 

Asked by Sen. Amy Klobuchar, D-Minn., what he will do to improve morale in the department, Garland said he would on his first day make an oath to career prosecutors and agents "that my job is to protect them from partisan or other improper motives." Klobuchar then asked Garland whether he believes he'd need "additional authorities" to combat the country's domestic terrorism problem. Garland said while the department "is probably always looking for new tools ... the first thing we have to do is figure out whether the tools that we have are sufficient."

-ABC News' Alexander Mallin