The Obama administration declined to say Tuesday whether Republican U.S. Attorney George Holding will be allowed to complete his investigations into two of North Carolina's most prominent Democrats, former Gov. Mike Easley and two-time presidential candidate John Edwards.Late Monday, the White House announced Charlotte lawyer Thomas G. Walker as Obama's choice to take over as U.S. attorney for the state's Eastern District - making him first out of the gate among the state's three U.S. attorney slots and in line to be confirmed as soon as February.
The announcement came despite a request last summer from Democratic U.S. Sen. Kay Hagan to let Holding finish his investigative work. Her office reiterated Tuesday that her view hasn't changed.
Hagan may get the last say, though. As a home-state senator, she retains the right to delay or block Walker's nomination through an arcane Senate maneuver known as the "blue slip."
Hagan and Republican Sen. Richard Burr will be asked to give the Senate Judiciary Committee their views on Walker in the coming weeks through a form known as the blue slip. Hagan could delay her response or not respond at all.
On the other hand, she might already have received assurance that the investigations will continue, said Carl Tobias, a University of Richmond law professor who studies the Department of Justice.
"If there's resistance, she could put a hold on it. But that's just awkward," Tobias said. "It's your president, and your suggestion for the nominee. But I think maybe the White House and the Justice Department would be flexible about that, if that's what she wants."
Hagan was unavailable for comment Tuesday. The White House does not discuss nominees and declined to comment for this article.
Walker is among the first third or so of the president's U.S. attorney nominees. Of the nation's 93 U.S. attorneys, Obama has offered 34 replacements, 21 of whom have been confirmed.
It's unclear when Walker might be confirmed, but recent nominees have taken between 60 and 90 days from nomination to a Senate vote, according to the Senate Judiciary Committee.
Holding, a Bush appointee, has spent months investigating Edwards and Easley. No charges have been filed, and both men have denied criminal wrongdoing.
Holding, in an interview Tuesday, would not acknowledge the investigations exist. Holding said he will stay until he is replaced but did not express alarm at the prospect of having to leave.
"It is the president's choice," Holding said.
Edwards attorney Wade Smith said he expects Holding's staff to finish its investigation of Edwards before the transition.
"I think they would try to finish my clients' case by the end of the year," Smith said.
Joe Sinsheimer, a Democratic consultant and government watchdog who has followed the Easley and Edwards probes, said it's too soon to say whether the move will be an acceptable one.
"Look, no one is trying to save Mike Easley or John Edwards here," Sinsheimer said. "What they don't want, I believe, and what there is great fear about in Eastern North Carolina is that the current Easley investigation will spread to other areas."
Gary Pearce, a veteran Democratic strategist, said a new person appointed by Obama would have to take over at some point. He said the move could create a greater burden on that person, making it harder to dismiss the cases.
"If a Democrat comes in and prosecutes, that's going to have a lot of credibility," Pearce said. "Now, if a Democrat comes in and the cases are just dismissed, it's going to raise questions."
Republicans pounced Tuesday, asking Hagan to work with Obama to withdraw the nomination for now.