Eric Holder's Confirmation as Attorney General Postponed

The Senate Judiciary Committee has delayed the confirmation vote for Eric Holder until sometime next week.

The delay came after Republicans asked for another week to consider Holder for attorney general. That caused a bit of a dust-up between Committee Chairman Patrick Leahy, D-Vt., and ranking Republican Sen. Arlen Specter of Pennsylvania.

"They've really been at each others' throats for several days now over this," reported Terry Frieden, CNN's senior justice producer.

Republicans have the right to ask for more time. But that doesn't mean Leahy and the Democrats have to be happy about it. After Specter, on behalf of committee Republicans, officially requested another week to consider Holder's nomination, Leahy said:

"I'm extremely disappointed but they have that right, so this historic - historic - nomination is over." Leahy then slammed down the gavel and ended the hearing. He and Specter then left in opposite directors.

UPDATE: The confirmation hearing has now been rescheduled for 10 a.m. next Wednesday, Jan. 28. The Senate Judiciary Committee Democrats later released a quasi-statement, repeating Leahy's comments at the opening of today's hearing. It appears Leahy was aware Republicans were going to ask for more time. UPDATE: I just spoke to Leahy's spokeswoman who clarified that Leahy did not know, going into Wednesday's meeting, that there was going to be a request to delay the nomination. Last he heard from Specter, it was a go.

Here's what Leahy said during his prepared opening remarks Wednesday:

"President Obama's historic pick of Eric H. Holder Jr. to be the Attorney General has met every fair confirmation standard. ...this Committee has received endorsements from more than 130 law enforcement and criminal justice organizations, civil rights organizations, victims' advocates, legal practitioners, bar associations, and current and former public officials, including many who served as high-ranking officials in the Reagan and two Bush Administrations. ...Mr. Holder answered every question from every Member of this Committee. All Senators were accorded such time as they needed in three extended rounds of questioning to ask whatever they chose. ...One Republican Senator propounded 24 pages of written questions. ...I appreciate the hard work and cooperation of all Members of the Committee on this important nomination and their willingness to proceed to its consideration today. Any Senator can delay it, but I hope that no one will. The problems and threats confronting the country are too serious to delay. Acting today to send this nomination to the Senate will be a small but important step in answering the Nation's call for bipartisanship."

The Washington Post says the vote on Holder as attorney general was postponed Wednesday morning after lawmakers cited conflicting schedule issues related to today's National Prayer Service. It was supposed to then start later this afternoon, but now it's been pushed back even farther because of this latest spat.

"Legislative aides said this morning that Holder is still expected to win confirmation without a hitch after at least two prominent GOP lawmakers, Sen. Orrin Hatch (R-Utah) and Mel Martinez (R-Fl.) expressed support for him last week.," the Post says.

Sen. John Cornyn , R-Texas, had said he would block committee proceedings, if he doesn't get an answer from Holder as to whether he would prosecute those who tortured prisoners at Guantanamo Bay.

Other Republican committee members are also worried about the potential for prosecutions. They think they should be given immunity if they believed they were acting within the law.

The GOP also seems to be concerned over Holder's role in the 2001 pardon of fugitive financier Marc Rich.

"I think there's enough discontent that something has to be worked out," Sen. Orrin Hatch, R-Utah, told The Hill.

Sen. Kay Bailey Hutchison, R-Texas, who does not sit on the judiciary committee, said there is reason to be somewhat concerned about some of Holder's views, and that Republicans shouldn't be criticized for taking a little extra time on this nominee. She told MSNBC today that she is particularly concerned with his stance on gun rights - which is, she says, that we don't have any.

"He has said he does not believe there's an individual right to have a firearm and I could not disagree more," she said. "I think it's a very fundamental right in our Constitution ... I do think it's very important these questions [and others] be asked of him. I think this a fair area."

Until Holder gets the green light Mark Filip, the second-in-command in Bush's Justice Department, will serve as acting attorney general.