Former Law Professor: Biden Should Appoint Obama as Attorney General — but It Gets Worse

(AP Photo/Morry Gash)

New Year’s Day is supposed to herald new beginnings, new possibilities, new hopes for all Americans of whatever political stripe. But if the author of an opinion article published in the Hill in the early hours of 2021 has his way, before long, our country will be back trudging to the beat of the establishment GOP’s drum, because he revealed all Americans need right now is Barack Obama in charge of the Department of Justice. And that’s just the beginning of this guy’s bad ideas, apparently.

Douglas Kmiec, who works as professor emeritus of constitutional law at Pepperdine University School of Law and once worked in the Office of Legal Counsel for Presidents Ronald Reagan and George H.W. Bush administrations, according to his bio, starts by writing that he doesn’t get why these congressmen and senators are causing a fuss about the Electoral College certification, which I wrote about earlier tonight.

While Senator Mitt Romney, Señor Squish, Pierre Delecto himself, calls Sen. Josh Hawley and others in the Conservative wing of the GOP “dangerous” for making the world question the legitimacy of our electoral process (or something), Kmiec has more mundane concerns.

After a preamble about something-something Wuhan coronavirus, he expounded that there’s a big problem with harping on about voter fraud in the 2020 election, especially when —  I’m not making this up, dear readers —  the Washington Post has reported there’s nothing to see here:

As for the second, the president has had no success in convincing state and federal courts that the wide distribution of unrequested mail-in ballots, the alleged rigging of voting machines or the storage of uncounted ballots under a table proves voter fraud. The Washington Post compiled an exhaustive and legally exhausting list of individual fraud allegations and the scrupulously fair manner in which all were denied.

And as I mentioned earlier, with a straight face, he says President-elect Joseph R. Biden really needs to nominate Barack Obama as AG to restore “the rule of law.”

Should Biden prevail, which seems likely, he will need to be highly capable at reassuring estranged voters — Democrat, Republican or independent — that he is governing in the national interest. 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.

But wait, it gets even more demented. Kmiec anticipates pushback for his wrongheaded ideas, but in saying he “gets it,” he doubles down on the crazy. Not once, but twice.

There’s this nonsense:

We have never had a former president take on the leadership of an executive department for a successor president, but nothing precludes it, save, possibly, Michelle Obama.

Then he ends with this horrific concept:

….[I]t’s perfect preparation for subsequent additional public service on the Supreme Court.

Cuckoo for CoCo Puffs.

I find it ironic that this piece arrives just after news broke (quietly) over the holiday weekend that an AG who served under both Reagan and H.W., former Pennsylvania Governor Richard “Dick” Thornburgh, had passed away from an undisclosed illness.

My colleague Ship laid out a more likely, frankly saner, scenario for a Joe Biden AG in a mid-December piece he wrote in these pages.

He suggested Biden could pick a Republican AG, but with potential legal problems for son Hunter likely on the horizon, it would be a foolish path. Thus, the president-elect will be more inclined to, as he wrote, “reach back to the Clinton administration” and pick either former Principal Assistant Deputy Attorney General and current D.C. Circuit Court Judge Merrick Garland, or Deval Patrick, who was a Civil Rights Division chief and former Democrat governor of Massachusetts.

It truly reveals what the establishment zeitgeist is right now, as we race towards January 5th and beyond, when the Hill allows someone like this hack to fill some of its valuable pixel space.

From here, all I can see is one misinformed law professor-type, left over from Reagan’s and H.W.’s admininstrations, who is so perturbed by the GOP senators standing up and objecting to the EC, despite WaPo informing us all that there’s no fraud at all, he’s fine with throwing away all semblance of constitutionality and rule of law…and his dream scenario is to (eventually) installing a radical Marxist, who coincidentally was one of our nation’s worst presidents, on the highest court in the land. No, thanks.