Biden's Task of Restoring the U.S. Department of Justice

Donald Trump, a/k/a Der Trumpenfuhrer, viewed the Department of Justice as a part of the executive branch that was to be totally beholden to Trump, prosecute and investigate Trump's political rivals and enemies with no hint of impartiality or a first allegiance to the rule of law.  Outgoing AG William Barr is a prime example of those willing to kiss Trump's ring and throw integrity and the rule of law out the window, As a consequence, many competent career officials either were forced out or chose to resign rather than become a part of Trump's corrupt Department of Justice.  When he takes office, Joe Biden will have the task of not only of appointing competent and moral individuals to the department, but select individuals who can undo the damage done during Trump's four years of misrule.  A piece in the Washington Post looks at the issues ahead for Biden.  Here are highlights:

Watching President Trump dole out pardons and commutations to a parade of former campaign officials snared in the Russia investigation, corrupt ex-congressmen, cronies who lied to Congress and/or the FBI, and even war criminals should remind us of the extent to which he has damaged the rule of law, the norms of democracy and the reputation of the Justice Department, which once upon a time played a critical role in granting pardons and commutations.

The variety and seriousness of the issues facing the next attorney general are daunting and include depoliticizing enforcement and sentencing decisions, diversifying the department’s workforce, enforcing of civil rights and police reform, and making the pardon system more transparent. President-elect Joe Biden is taking his time, wisely in my view, to find the person whom he can trust to undertake all that while maintaining an appropriate separation between political aides at the White House and the Justice Department.

Each of the leading candidates has deficits. Former acting attorney general Sally Yates may not get confirmed. Sen. Doug Jones (D-Ala.) may not have the experience to navigate and shake-up the department. Judge Merrick Garland, too moderate for some activists, would open up a seat on the U.S. Court of Appeals for the D.C. Circuit. With no standout pick, Biden may wait until the Georgia Senate races are held on Jan. 5 to assess Yates’s chances in the Senate.

The passage of time also raises new challenges that might require someone with a different background. The stunning cyber-attack we recently learned about underscores the national-security aspect of the job. That would point to someone like Lisa Monaco, who helped vet Biden’s vice presidential candidates. She has decades of experience in the national security realm, both at the White House and at the Justice Department.

The Post also reports that “it is possible that when he reveals his decision, he also will announce picks for deputy attorney general, associate attorney general and solicitor general.” Waiting to announcing a senior team to lead the Justice Department certainly could minimize any gaps or shortcomings Biden’s attorney general pick might have. Garland may seem too moderate to satisfy some progressive civil rights groups, but announcing his name along with, for example, former head of the civil rights division Vanita Gupta as the deputy or associate attorney general would provide reassurance he will move aggressively on civil rights enforcement and police reform.

Including his solicitor general pick could bolster Biden’s selection as well. Deepak Gupta, an all-star progressive Supreme Court litigator and one of now-Sen. Elizabeth Warren’s first hires at the Consumer Financial Protection Bureau, would confirm that Biden’s Justice Department will aggressively defend his administration in the highest court.

It is not surprising that Biden is patiently exploring his options. The attorney general in an administration following the nightmarish Trump years might be Biden’s most critical personnel choice after vice president. Better to wait, consider a broad range of options and relevant issues, and roll out his choice with an impressive senior team.