Who Will Be the Attorney General in an Obama Administration?

If, as now seems quite likely, Barack Obama becomes president, who will he appoint as Attorney General to oversee federal law enforcement efforts? The new issue of the ABA Journal takes a stab at that question and suggests the following likely candidates: Eric Holder, a partner with the firm of Covington & Burling, and Deval Patrick, the governor of Massachusetts.

(Above: Eric Holder. Photo by Ray Lustig, Washington Post. Below: Deval Patrick.)

The ABA Journal writes of Holder:

Best known as a prosecutor, Holder was fresh out of law school when he was assigned to the newly formed public integrity section of the Justice Department. There, he helped prosecute several high-profile defendants, including a judge, a diplomat, an assistant U.S. attorney and a leading organized crime figure.

President Reagan nominated him to a D.C. judgeship and he was later tapped by President Clinton to serve as D.C.’s U.S. attorney. In 1997, Clinton elevated him to the No. 2 job in the Justice Department, and he briefly served as acting attorney general in the Bush administration while nominee John Ashcroft was being confirmed.

In 1997, according to NORML, Holder "proposed legislation to stiffen penalties for the possession of marijuana" while with the Justice Department.

Of Patrick, the ABA Journal writes:

Patrick clerked for a judge in the 9th U.S. Circuit Court of Appeals, worked as an attorney for the NAACP Legal Defense and Educational Fund and served in the Clinton administration as assistant attorney general in the civil rights division. Patrick has an extensive history of rights-related litigation, but he’s also served as general counsel for two major corporations—Texaco and Coca-Cola. Although he is only halfway through his term as governor, many believe he would be one of Obama’s top choices for AG, and Patrick would be hard-pressed to decline if asked.

Asked in March 2008 about the Massachusetts ballot initiative to decriminalize small amounts of marijuana for personal use, Patrick reportedly "said he had to consult with his Public Safety Secretary Kevin Burke and Secretary of Health and Human Services Dr. JudyAnn Bigby before staking out a position."

(Hat tip: Orin Kerr.)