Merrick Garland to transfer power temporarily during upcoming back surgery, amid controversy over Biden Defense Dept.

President Biden was not informed when Defense Secretary Lloyd Austin was hospitalized, and now Garland is scheduled for back surgery weeks after Austin's hospitalization.

Merrick Garland to transfer power temporarily during upcoming back surgery, amid controversy over Biden Defense Dept.
Merrick Garland to transfer power temporarily during upcoming back surgery, amid controversy over Biden Defense Dept.

Over the weekend, Attorney General Merrick Garland will undergo back surgery and temporarily transfer power to a deputy attorney general.

On Saturday, February 3, 2024, the Attorney General will undergo a minimally invasive back procedure called an interlaminar decompression at L4-L5 to address stenosis, as stated by DOJ spokeswoman Xochitl Hinojosa in a statement obtained by Planet Chronicle.

"The Attorney General will likely go home the same day after undergoing general anesthesia for a 90-minute procedure. The Deputy Attorney General will take over his duties during the procedure and for a brief period following it to allow for recovery. The Attorney General will return to work the week of February 5th."

According to the Associated Press and Washington Post, Garland, 71, will delegate his duties to Deputy Attorney General Lisa Monaco before, during, and for a brief period after the procedure as he recovers from anesthesia.

Garland and Austin
Attorney General Merrick Garland is to receive back surgery weeks after Defense Secretary Lloyd Austin sparked controversy by undergoing treatment for prostate cancer without notifying President Biden.  (Getty Images)

Earlier this month, Defense Secretary Lloyd Austin was hospitalized for several days at Walter Reed National Military Medical Center, but the Pentagon did not confirm his medical treatment publicly until later.

Lisa Monaco and Garland
Merrick Garland, US attorney general, right, and Lisa Monaco, deputy US attorney general, during a meeting at the Department of Justice (DOJ) in Washington, DC, US, on Friday, Jan. 5, 2024. The meeting was convened to discuss the ongoing efforts to reduce violent crimes, according to the DOJ.  ( Kent Nishimura/Bloomberg via Getty Images)

On Dec. 22, Austin underwent a surgical procedure for prostate cancer and was released, but was later admitted to intensive care due to extreme pain. He stayed there for two weeks without informing the White House or his deputy about his cancer, surgery, or hospitalization until days later.

Lloyd Austin returns to Pentagon
Defense Secretary Lloyd Austin listens during a meeting with NATO Secretary General Jens Stoltenberg at the Pentagon in Washington, Monday, Jan. 29, 2024.  (AP Photo/Susan Walsh)

The White House will be informed of any time a Cabinet head cannot carry out their job due to changes in federal guidelines, which were prompted by Austin's lack of disclosure. The Justice Department notified the White House of the plans to delegate his duties under the new guidelines, as confirmed by White House spokeswoman Olivia Dalton.

In 2022, Garland underwent a routine medical procedure and informed the public a week in advance about the duration of his absence and when he would return to work.

The Associated Press contributed to this report.

by Danielle Wallace,David Spunt

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