Seeking Justice

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As Democrats rightly pointed out during Gonzales' confirmation hearings, the attorney general is primarily the nation's lawyer, not the president's. When not attending Cabinet meetings, he or she presides over the investigation and prosecution of federal crimes and sets standards for the use of intrusive but sometimes necessary tools such as wiretapping or the inspection of citizens' financial records.

We don't argue that Holder would allow his loyalty to Obama to trump his responsibilities as the nation's chief law enforcement officer. We assume the contrary, and there are precedents for an attorney general putting the law above the preferences of the White House. John Ashcroft (even in a hospital bed) resisted some aspects of the Bush administration's illegal surveillance programs. But an attorney general drawn from the campaign team invites partisan sniping.

Like other politically active candidates for attorney general (Massachusetts Gov. Deval Patrick, Arizona Gov. Janet Napolitano), Holder boasts impressive legal bona fides. Particularly admirable was his role in negotiating a consent decree that led to significant improvements at the Los Angeles Police Department. The appointment of an African American also would have powerful symbolic force, given the Justice Department's heroic role during the civil rights movement of the 1960s.

If Obama chooses Holder, the Senate should offer considerable deference to the president's choice. Still, we continue to believe that Obama should go the extra mile in extirpating the image of the Justice Department as a branch office of the White House. That means an attorney general who can't be accused of being the president's lawyer above all.