HOLD ON, HOLDER Obama likely to pick AG nominee after midterms

Published October 15, 2014

In this Thursday, Sept. 25, 2014 photo, President Barack Obama, right, looks on as Attorney General Eric Holder speaks in the State Dining Room of the White House, in Washington.(AP)

President Obama plans to wait on nominating a new attorney general to replace Eric Holder until shortly after the November election, setting up a likely battle in a lame-duck session despite calls from Republicans to wait even longer -- until the new Senate is seated.

A source close to the process on Tuesday confirmed to Fox News that the president plans to wait until after the Nov. 4 midterm elections. The source said the administration considers the appointment to be serious and wants to wait so the nomination doesnt get mired in election-year politics. Democrats reportedly had asked the president to hold off until after Nov. 4.

But some Senate Republicans wanted Obama to wait until the new Senate is seated in January to name his pick to succeed Holder.

By naming a nominee shortly after the election yet before the new year, the White House would be putting his or her confirmation in the hands of some lawmakers who are not returning in 2015 -- and thus no longer accountable to voters.

Further, the White House would be handing the nomination to a Democrat-controlled Senate, despite the possibility that control of the Senate could flip to Republicans in January.

Sen. Ted Cruz, R-Texas, has warned that confirming Holders successor before a new Congress is sworn in would be an abuse of power that should not be countenanced."

According to the Associated Press, Senate Democrats had asked Obama to hold off until after the midterms so controversy doesn't arise over whether they will support a specific nominee.

Iowa Sen. Chuck Grassley, the leading Republican on the Judiciary Committee that will hold hearings on the nominee, said Democrats are trying to "avoid making clear to the voters of their states where they stand on what could be a controversial choice for attorney general."

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HOLD ON, HOLDER Obama likely to pick AG nominee after midterms

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