The Big Story: Holder is Obama’s top choice for attorney general

WASHINGTON—President-elect Barack Obama’s top choice for attorney general is Eric Holder, a former No. 2 Justice Department official in the Clinton administration and Obama campaign aide who would become the first African American to serve as the nation’s chief lawyer.

The Obama transition team has gone so far as to ask senators whether they would confirm Holder, who reviewed Clinton’s controversial pardon of fugitive Marc Rich just leaving office, an Obama official and people close to the matter said Tuesday.

But the Obama official said the decision has not been finalized, and transition spokesmen said no decision has been made.

Holder did not return messages seeking comment Tuesday. Asked Monday by The Associated Press whether he expected to be nominated, he responded in an e-mail: “Who knows?”

One person involved in the talks said the Obama team has received some assurances that, while the pardon would certainly come up during hearings, the nomination likely wouldn’t be held up.

All spoke on condition of anonymity to describe private conversations.

Sen. Arlen Specter of Pennsylvania, the top Republican on the Senate Judiciary Committee, said the pardon “would be a factor to consider.”

“I wouldn’t want to articulate it among the top items but it’s worthwhile to look at,” he told reporters.

Asked if Holder would be a good choice for attorney general, Specter said it was too soon to say.

“I know something of Holder’s work in the Clinton administration and that’s about it,” he said. “I’d have to take a much closer look at his record and talk to him and think about it.”

Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., had not been informed about Holder, his spokeswoman said.

On the last day of Clinton’s term, Holder, then the deputy attorney general, was asked whether Clinton should pardon Rich, a wealthy commodities dealer who had spent years running from tax charges. Holder said he was “neutral, leaning toward favorable” on the pardon. Clinton later cited that as among the factors that persuaded him to issue the pardon.