Douglas Kmiec, professor emeritus of constitutional law at Pepperdine University School of Law who served in the Office of Legal Counsel for Presidents Ronald Reagan and George H.W Bush, claimed in an essay for The Hill that appointing Obama as head of the Justice Department would “re-establish the rule of law.”
According to Kmiec, Biden, as president, “will need to be highly capable at reassuring estranged voters — Democrat, Republican or independent — that he is governing in the national interest” — and appointing Obama as attorney general accomplishes such a monumental task.
Biden’s almost-plagiarized overuse of the red state/blue state metaphor from the 2008 election needs a definite boost of authenticity and actual demonstration of applied fairness. Instead of continuing to borrow Barack Obama’s trade line, he needs Obama himself. The fastest way to re-establish the rule of law is for Biden to nominate Obama as attorney general. If Biden simultaneously kept Christopher Wray as head of the FBI and made Justice’s current inspector general, Michael Horowitz, head of its Office of Legal Counsel, he would remove much division, doubt and uncertainty.
Still, Kmiec, who served as ambassador to Malta in the Obama administration, admitted such an appointment would be “unprecedented” — but called it “necessary.”