The problem is not Barr per se, who is far and away the most qualified person Trump could likely get to serve, but rather under what conditions the attorney general spot gets filled for the remainder of Trump’s term.

Brookings Institution and Lawfare scholar Susan Hennessey tweets: “We’re in the near impossible position that anyone Trump would have is almost per se unacceptable, because what he wants is an Attorney General who will violate the Constitution and his or her oath,” she writes. “But the current situation with [Matthew G.] Whitaker is even more appalling and untenable.” Her solution is to “confirm a generally acceptable candidate after s/he pledges recusal on Russia and any matters before DOJ on which they’ve made representations, publicly or privately, that might serve as an improper basis for selection.”

Miller agrees, telling me, “I think the president needs to nominate someone with unimpeachable credentials, and he needs to do it as soon as possible. Then, given how Trump has irrevocably tainted the process through both his public comments and private actions, the Senate should insist that the nominee commit to recusing from the Russia investigation. "

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Unlike Justice Brett M. Kavanaugh, Barr would gain instant credibility if he recused himself from Russia matters up front where the appearance of a conflict would diminish faith in DOJ. The problem remains that Republican senators think their obligation is to rubber stamp whomever Trump sends up. If they rubber stamp the pick without fully examining potential conflicts, they will perpetuate the crisis of legitimacy at the Justice Department. It’s up to them — if they want Barr — to set the conditions for his confirmation.

There are two other options.

First, Trump can select a qualified and well-liked senator who has not popped off about Russia or endorsed his attacks on Hillary Clinton or the intelligence community. Someone such as Sen. Mike Lee (R-Utah) or Tim Scott (R-S.C.) would, I think, sail through confirmation. Democrats will take issue with their policy stands, but there is no reason to believe they would violate the law or legal ethics to protect Trump.

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Another option is to let the law operate: Whitaker — whose appointment poses both a conflict of interest and a violation of the Appointments Clause — must go. Then, “The right way would be to follow the Attorney General Succession Act, which would put the Deputy AG, Rod Rosenstein, in the acting AG spot for 210 days,” says constitutional scholar Laurence H. Tribe.