In Holder's Exit, a Vacuum

So a superstar choice such as Merrick Garland, chief judge of the federal appeals court here, who might have been convinced to give up lifetime tenure a year or two ago, isn't apt to do so now for such a short stint.

It has to be someone the president knows and feels comfortable with. Thus, choices such as various former and current U.S. attorneys -- Preet Bharara and Loretta Lynch in New York, Jenny Durkan in Seattle, Neil MacBride in Virginia -- probably don't pass the "he's my guy (or woman)" test.

But it should also be someone who is not so close to the president as to raise (legitimate) concerns about cronyism. A choice such as former White House counsel Kathryn Ruemmler would encounter criticism that she is too cozy with the president to be the nation's top law enforcement officer.

This is no dis on Ruemmler, who is smart and capable. Yet, as the example of Alberto Gonzales demonstrated, having the president's top lawyer move into the attorney general job is a bad idea. Obama may be sorely tempted -- for this president in particular, there is a big premium on comfort in the top jobs. But a Ruemmler nomination would turn confirmation hearings into a quest for documents and an argument over executive privilege. She'd probably be confirmed, but this doesn't seem a smart way to spend dwindling political capital.

Previous Senate confirmation is a plus. Future political aspirations are a minus for getting through the Senate -- why would Republicans want to credential the opposition? So much for Massachusetts Gov. Deval Patrick and California Attorney General Kamala Harris.

All of which points to Solicitor General Donald Verrilli as the logical, if not inevitable, choice. Close enough to be trusted; not too close to be questioned. Independent stature -- the solicitor general, like the attorney general, is at a remove from politics. He was confirmed by 72 (including Republican leader Mitch McConnell) to 16.

The next attorney general won't be a crusader. Instead, he or she will spend time fending off congressional investigations and enduring hearings. The instinct of an embattled president is to name a loyalist. Ironically, the best protection may come from choosing a nominee with enough independence to do that job effectively.

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Ruth Marcus' email address is ruthmarcus@washpost.com.