President Elect Biden will stay out of it. He has to. That is because William Barr appointed Special Prosecutor John Durham who is looking into his son Hunter Biden. But ultimately. it will be whoever he picks as his AG. Does his AG go after Trump or any or all the persons that Trump has pardoned?
Then secondarily, it also depends on the Georgia runoff elections happening tomorrow. Do Jon Ostroff and Raphael Warnock both take it and make Mitch McConnell Senate Minority Leader? Or do David Perdue and Kelly Loeffler take it the election and keep Mitch in power. Thus hindering Biden's cabinet picks.
Remember that Ostroff and Warnock have to both win. If only one Democrat takes it then Mitch McConnell will stay as Senate Majority Leader.
Politico is saying U.S. Circuit Judge Merrick Garland (Court of Appeals Washington D.C circuit) and Senator Doug Jones (D-AL) are front runners for the AG position:
https://www.politico.com/news/2020/12/22/biden-no-attorney-general-yet-450008
Though the article also mentions bring in minority candidates as well to make the Justice Department seem more independent from the top down.
It would be really nice if President Elect Biden chose Andrew Weissmann. The Deputy counsel in the Mueller investigation. That guy really dislikes President Trump. The other Andrew who also dislikes Donald Trump, Andrew Cuomo was considered as another candidate but he politely took himself out of the equation. Andrew Cuomo said that helping the State of New York get out of this Coronavirus crisis and now getting the vaccine out to the millions of New Yorkers as his major priorities.