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CRS Insights

  Attorney General Nominations Since the Reagan Administration
  Maeve P. Carey, Analyst in Government Organization and Management (mcareydcrs.Ioc.gov, 7-7775)
  Michael Greene, Information Research Specialist (mreeneacrs.c.gov, 7-9188)
    -Ieme 4    2014 (IN I019

  On November 9, 2014, President Obama announCed his intention to nominate U S. Attorney Lreta E.
  Lynch to replace Eric H. Holder-jr. as Attorney General (AG). Holder reportedly plans to remain in the
  position until his successor is confirmed. Lynch's nomination was received in the Senate and referred to
  the Judiciary Committee on November 13. T   presents information concerning the consideration
  of each Attorney General nomination since 1981, including the date the nomination was received in the
  Senate, the date(s) the Judiciary Committee held a hearing, the date the committee reported the
  nomination, the date of final dispositive action by the full Senate, and the total number of days that
  passed from when the nomination was received until its final disposition.

  Presidents have nominated a total of 11 individuals, including Lynch, for the OSition of AG since the
  beginning of the Reagan Administration in 1981. Of the 10 nominees prior to Lynch, 9 were confirmed.
  The one exception was the nomination of Zoe Baird, which was received by the Senate on January 20,
  1993. Baird's nomination was withdrawn by President Clinton after it became apparent her nomination
  would face opposition because she had hired an undocumented immigrant couple to serve as her
  family's nanny and driver. After two days of hearings on the nomination on January 19 and 21, 1993-
  the day before and the day after Clinton's inauguration-Baird asked the President to withdraw her
  nomination, saying that the controversy had damaged her ability to head the Justice Department. The
  President withdrew the nomination on January 26.

  The duration of time between nomination and confirmation for the other nominations, however,
  suggests that Presidents were awarded deference at the outset of their Administration for AG
  nominees, as is often the case with Cabinet nominees generally (for more information, see CRS Report
                                                                                           ). The
  nominations that proceeded through the Senate most quickly were William F. Smith (2 days from
  receipt to confirmation) and John Ashcroft (3 days from receipt to confirmation). Those nominees were
  the first AGs named by Reagan and George W. Bush, respectively. Thirteen days elapsed from the date
  of nomination of Eric H. Holder Jr. until his confirmation. One factor that allowed these three
  nominations to move quickly upon receipt was that the Senate made use of its informal process for
  consideration of Cabinet and other top-level nominees prior to the swearing in of a new President and
  his subsequent formal submission of nominees. Janet Reno was also confirmed quickly early in the
  Clinton Administration (13 days from receipt to confirmation), although due to the withdrawal of the
  Baird nomination, Reno's was the second AG nomination submitted by President Clinton after the start
  of his term.

  The duration of time between receipt of an AG nomination and confirmation is generally longer for
  nominations received later during a presidential term. The nomination of Richard L. Thornburgh by
  President Reagan in July of his last year in office was confirmed 17 days after its receipt, and the
  nomination of Michael B. Mukasey by George W. Bush was received in September of 2007 and
  confirmed 48 days later.
  The two nominees whose Senate consideration period was the longest-Edwin Meese III and Alberto
  R. Gonzales-were both nominated during presidential transitions to a second term in office. (For more
  information on these inter-term transitions see
  n.) Both of those nominations were received
  in the Senate and returned to the President at the end of the Congress under Senate rules, not having
  been confirmed. In both cases, the Presidents renominated Meese and Gonzales at the beginning of
  the next Congress, and they were confirmed.