Hagan weighs U.S. attorney tack

McClatchy-Tribune Information Services -- Unrestricted - December 3, 2009

Sen. Kay Hagan said Wednesday that she has not decided whether to hold up the confirmation of a new U.S. attorney to give the Republican appointee who now holds the position time to complete his inquiries into two high-profile Democrats.

Hagan, a Greensboro Democrat, told the White House last summer that she wanted U.S. Attorney George Holding to finish his investigations into public corruption.

Still, she put forward three recommendations, and on Monday, President Barack Obama nominated Charlotte lawyer Thomas G. Walker for the job. Confirmation of Walker, a registered Democrat, by the U.S. Senate could come as soon as February.

Hagan could delay or stop the nomination process by withholding a document known as the "blue slip" from the Senate Judiciary Committee. The form is used to allow a nominee's home-state senators to have a say.

Hagan said Wednesday that she hadn't considered whether to use that option.

"Right now, I'd have to go and see how that process is done," Hagan said in a weekly conference call with reporters. "But I do not think I will, uh, I'm not going to comment on that right now. Let's leave that one for another day."

Although Hagan has told the White House she wants Holding to finish his investigations, she said Wednesday that she has received no assurances that would happen.

"Not at this point," Hagan said. "I will continue to have those discussions. I think Holding should complete his investigation."

Of North Carolina's three U.S. attorneys, Holding is the first to have a potential replacement on deck. He is investigating former Gov. Mike Easley and former Sen. John Edwards, a two-time presidential candidate. No charges have been filed, and both former officials deny wrongdoing.

Justice Department spokeswoman Melissa Schwartz said this week that each U.S. attorney has the discretion on how to proceed on an investigation. That means it would be up to Walker, if confirmed, to decide how to handle those investigations.

Mary Jacoby, editor of the news organization Main Justice, which closely follows the Justice Department, said it's likely that the White House has a plan for the transition on Holding.

"They wouldn't put his name forward as a nomination to the Senate," she said, "if they hadn't thought these things through and figured out a strategy for overcoming questions about him and figuring out the politics of this."

White House officials refused to discuss the specific case in North Carolina. But in a prepared statement, spokeswoman Gannet Tseggai said, "The Department of Justice is committed to ensuring that investigations and prosecutions are conducted in a fair and impartial manner."

Obama, she continued, will "nominate individuals who will uphold these high ideals to fill these important law enforcement positions."

Staff writer J. Andrew Curliss contributed to this report.

bbarrett@mcclatchydc.com or 202-383-0012 To see more of The News & Observer, or to subscribe to the newspaper, go to http://www.newsobserver.com. Copyright (c) 2009, The News and Observer, Raleigh, N.C. Distributed by McClatchy-Tribune Information Services. For reprints, email tmsreprints@permissionsgroup.com, call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.

Copyright (C) 2009, The News and Observer, Raleigh, N.C.