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With a year+ left and the DoJ reduced to political personnel decisions which will all be overturned in 2009 it's not entirely important. The DoJ has been on cruise control for years not actually doing any of the work of the DoJ. We could install Caligula's Horse and it wouldn't make a damn difference either way. I mean who on earth do you think George W. Bush is going to nominate? Oliver Wendell Holmes?, Solomon? Or Harriet Myers housekeepers husbands RNC operative from back in the day? You're talking about an administration that both John Ashcroft and Ted Olsen couldn't stomach.