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State of American History, Civics, and Politics

Who Will Be Biden’s Attorney General?

Atticus Finch he’s not.

Right now the attention is focused on Joe Biden’s vice presidential selection. Any day now, we will learn who Biden has picked to be his running mate. At that point there will be a lot of discussion about the meaning of the choice. What does it mean for the future of the Democratic Party? What does it mean for the 2024 election? Strangely enough, the meaning for the 2020 election may be comparatively muted. Based on the polls, Biden doesn’t need any help to win beyond what he is already getting from his opponent, the incumbent. The polls indicate a potential, stress the word “potential,” landslide by even more than 306 Electoral College vote landslide of the 2016 election. I do not mean to detract from the significance of the vice presidential choice, but as we were reminded in the House hearings on Tuesday, the position of Attorney General can have a greater immediate impact than that of the Vice President in the operations of an Administration.

Biden’s Attorney General will have a heavy workload. While drapes should not be measured in advance, there is a benefit to exploring what will be on the Attorney General’s plate. The choreography of actions needs to be created. Who will ask for what, when, and where will it be delivered? There will be new Congressional committees come January, perhaps even a new majority in the Senate. Actions will need to be coordinated.


Various entities have subpoenaed documents from this Administration which have not been forthcoming. Is there a list of these documents? Shouldn’t one be created if there isn’t? We know that it is possible to prepare boxes of documents in advance to be delivered once the Court gives the all-clear sign. If an accounting or financial organization can prepare to deliver requested documents even though the Court might rule in the negative, then the appropriate government entities should be able to prepare similar boxes of information. The signal will be once it becomes known sometime in November or December that there will be a change in government on January 20, 2021. It should be possible for Congress to develop a list of these documents and to serve the appropriate people and entities on January 21, 2021 if not earlier. The Department of Justice may have to wait or perhaps some of the districts will act immediately even before there is a new Attorney General.


Various people have been subpoenaed during this Administration who have not been forthcoming. Various people have not been subpoenaed since it was thought to be fruitless to do so. If Biden becomes President, then presidential immunity and executive privilege for the former government employees are no longer issues. Similarly people who have been afraid to testify may be eager and willing to do so. While the personal lawyer may still claim attorney-client privilege, virtually everyone else is accessible. It should be possible for Congress to develop a list of these people and serve them with subpoenas on January 21, 2021 if not earlier. The Department of Justice may have to wait or perhaps some of the districts will act immediately even before there is a new Attorney General.


Various Inspector Generals during 2020 have either left their position (and the government) or been squelched in their efforts to pursue investigations. Who are those people and what are those investigations? Again, the list needs to be compiled. Should someone be reassigned back to the former position? Should people be rehired to their former position? You can’t tell the players without a scorecard so someone needs to compile the scorecard and have it ready. Perhaps some of these people should be invited to the swearing-in ceremony as well.


What are the investigations which need to be pursued? What are the investigations which need to be dropped?

For example, sometime before the election, perhaps in October, the current Attorney General will indict the Deep State. Based on the economy, the polls, and the number of people dead due to the coronavirus, these indictments may not carry much weight. The only people who may consider the indictments valid may be those who believe in demon COVID-19 cures and that 99.99% of the people infected are cured without any ill-effects so why shut down the economy. My prediction is the indictment of the Deep State will be the same game changer hydrochloric acid or whatever has been for the pandemic. It will seem like an act of desperation. Still these indictments may be open on the books of the Department of Justice if and when the Biden Attorney General takes command.

By contrast suppose the Mike Flynn and Affordable Healthcare Act cases are still active. There is a need to compile a list of the current (and expected) cases that will be dropped or reactivated.

Then there are the new investigations. Swampbuilder has done a superb job creating the most corrupt cabinet in the history of the United States…and some of those Secretaries may still be in office. But let us not forget the current Attorney General himself. How many investigations will there be into him?


In the event of a change of government, there is a choreography which needs to be worked out. I am not referring to the normal transition steps which are followed especially between Presidents of different parties. One can take for granted, there will be no cooperation at the highest levels between the outgoing and incoming Presidents. The outgoing one will not accept that he is the outgoing until his Court rules that he is.

Instead I am referring to the physical aspects of the transfer of power. If Joe Biden is sworn in as the new President, where will the former President be at that moment? He will not be there to watch the sleepy-creepy-corrupt person who has lost his mental faculties take office. It will be difficult enough for the current President to accept the concept that THE DONALD is a loser. Especially if he is a loser to someone who received more than 306 Electoral College votes. The loser will not participate in a public ceremony before a crowd bigger than his own inaugural crowd in 2016. He will not have the image of him as a loser become a defining one for him.

So where will he be? Will he be in Florida playing golf? Does Florida have an extradition agreement with New York? I ask because the moment he no longer has presidential immunity is the moment he can be served. Certainly by New York State and by the Department of Justice as well. If he resigns an hour before so his Vice President who is now President can pardon him, he is still subject to state law. He also still can be subpoenaed for investigations at the federal level. That means he will subject to contempt charges if he is a no-show and be confronted with a perjury trap if he does.

There is not an urgent need to select a new Attorney General, but it should not be postponed to next year either.  It is not too early to plan ahead. The immediate legal battle is the post-election one. It will be fought over a rigged vote. The issue will be not so much people here illegally but on mail-in fraud. It will be fought in the states where the claims in aggregate will make a difference in reversing the Electoral College vote. Many of those battleground states are governed by Trumpicans so it will be their ineptness which will be on trial. And if the fight does drag on for what purpose? A do-over election? What’s the remedy? How long can the current Attorney General drag the battle out? Maybe it will be Nancy Pelosi picking the new Attorney General after all! (Could Nancy Pelosi Become the First Female President?: A Constitutional Crisis)