Police violence cases unlikely to derail Lynch’s confirmation

President Barack Obama’s nominee to be the next attorney general probably won’t face confirmation trouble because of her role leading a federal probe into the choke-hold death of a black man by a white New York policeman.

When Loretta Lynch testifies, “I think it will be an issue, but I don’t think it’s going to be outcome determinative” said Sen. Lindsey Graham, a South Carolina Republican on the Judiciary Committee. “She’s got a job to do, and until she gets to be attorney general, I expect her to do her job and I will not hold it against her for doing her job.”

Lynch and Attorney General Eric Holder last week announced a federal civil rights investigation into the July 17 death of Eric Garner. Police in Staten Island had stopped the 43-year-old man on suspicion of selling untaxed cigarettes, and the confrontation was recorded on video by a bystander.

After a grand jury declined Wednesday to indict the officer, protesters gathered from Staten Island to Manhattan’s Times Square, a reprise of rallies that swept the U.S. after a grand jury in November didn’t indict an officer in the shooting of an unarmed black teenager in Ferguson.

Both cases have highlighted racial divisions deepened by violent interactions between the justice system and black men. While the condemnation has included statements from Capitol Hill, Lynch’s role isn’t likely to be a central topic in her confirmation hearings early next year, lawmakers said.

Not considered

Jeff Flake, an Arizona Republican on the Senate Judiciary Committee, said in a brief interview that there were many other issues to examine.

“I haven’t considered that part of it at all,” he said, referring to Lynch’s role in the Garner investigation.

As the U.S. attorney for the Eastern District of New York, Lynch has a critical supervisory role in the investigation into whether New York City police officer Daniel Pantaleo violated Garner’s civil rights when choking him to death. The probe is being conducted jointly with the U.S. Justice Department’s Civil Rights Division.

Such investigations take months to complete. If confirmed as the next attorney general, Lynch will find herself in the unique spot of having the final say on whether to seek charges against Pantaleo.

Even so, Republicans are likely to focus on other issues and controversies that play to their base — ranging from immigration policy and the investigation of the IRS targeting Tea Party groups to federal undercover gun operations and Justice Department lawsuits challenging voting rights laws.

‘Fair game’

Meanwhile, Democrats have little incentive to press their president’s nominee on the issue and possibly harm the chances of Lynch becoming the first black female attorney general.

Sen. Richard Blumenthal, a Connecticut Democrat on the Judiciary Committee, said, “Everything’s fair game for questioning, but I think there are really substantial issues that will occupy more attention probably than that one.”

Sheldon Whitehouse, a Rhode Island Democrat who’s also on the committee, said he didn’t foresee the Garner investigation affecting the nomination. “I can’t think how, but I guess we’ll find out,” he said.

Sen. Kirsten Gillibrand, a New York Democrat, said Lynch is “uniquely positioned” to handle the Garner case because of her experience and support from law enforcement.

Even if senators press for answers about the civil rights investigation, there isn’t much Lynch can say beyond platitudes about the death’s tragedy and the need to foster better relations between communities and the police. She will also likely touch on the Justice Department’s efforts to improve training for officers on the use of force.

That is because federal prosecutors are precluded from discussing active investigations, particularly those being conducted by grand juries.

“I don’t see the Eric Garner case coming up at all,” said Joseph diGenova, a Republican former U.S. attorney for the District of Columbia who served under President Ronald Reagan.

“I don’t know if the Republicans would be looking for a fight on this issue. So, if somebody wants to pursue it, it will be a Democrat. But she will say, ‘I can’t talk about it, it’s an ongoing investigation.’ And she shouldn’t be talking about it at this point anyway.”