Speculation swirls over timing, pick for Holder replacement
FILE: June 11, 2012: Attorney General Eric Holder speaks at the League of Women Voters National Convention in Washington.(AP)
WASHINGTON Republicans' big midterm wins throw a potential curveball at President Obama as he weighs his replacement for outgoing Attorney General Eric Holder -- forcing him to decide whether to introduce a nominee during the lame-duck session or take his chances with a more hostile Senate majority after January.
A short list of contenders already is making the media rounds. But perhaps the more pressing question is when Obama will make his move. With Republicans winning the Senate majority, Obama could have a tougher time if he waits until next year to nominate someone.
However, he also could inflame tensions by pressing ahead in a lame-duck session -- at a time when both sides claim to be giving cooperation a shot.
Hans von Spakovsky, senior legal analyst at Heritage Foundation, suggested the timing might depend on whether Obama pushes someone with political baggage.
"I think if he has someone in mind who might be at all controversial, he won't have any trouble getting [Democratic Senate Majority Leader] Harry Reid to push it through the lame-duck session," he said.
So far, missing from the apparent short list are some of the more colorful and familiar names who surfaced in the wake of Holder's resignation announcement -- like outgoing Massachusetts Gov. Deval Patrick and Manhattan U.S. Attorney Preet Bharara. The three reported to be in the running, according to unnamed White House sources: Brooklyn U.S. Attorney Loretta Lynch, U.S. Solicitor General Donald Verrilli, and current Labor Secretary Thomas Perez.
Last week, Holder, who announced his departure in September, told a reporter that he expects to stay on until early February. Prior reports, though, signaled the White House might try and replace him shortly after the election.
I dont know if there are any [nominees] that Republicans would speedily or readily confirm, said Sarah Binder, congressional expert at the Brookings Institution, who believes the two-month lame duck session may be too crowded with budget and spending priorities to properly vet and channel a nominee through the dangerous shoals of a Senate confirmation.
So its possible, she said, that these restraints will lead to the White House saying well just have to find a nominee come January, and that it will be a hard road but well find a nominee who will be a bit more acceptable to Republicans.
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Speculation swirls over timing, pick for Holder replacement