Bush Withdraws Nominee For No. 3 Post At Justice Dept.

President Bush has withdrawn the nomination of William Mercer for the third-highest ranking position at the Justice Department. Both Mercer and the White House blames delays in Senate confirmation for the withdrawal, but Democrats point out that Mercer was actually nominated last year and the GOP-controlled Senate never gave him a hearing either.

Mercer, currently the U.S. attorney for Montana, was nominated last September for the post of associate attorney general. The Senate Judiciary Committee was scheduled to consider his nomination next week, although no date had been set for an actual vote on Mercer. Judiciary Committee Democrats and the White House are in the middle of a face-off over subpoenaed documents and witnesses involved in the U.S. attorney firing scandal, and Mercer and White House officials are convinced that his nomination could be stalled until that dispute is resolved.

"It's unfortunate that the Senate has indicated it will not act to confirm highly qualified nominees," said Emily Lawrimore, a White House spokeswoman. "We appreciate William Mercer's long service in the Justice Department, and wish him well as he continues to serve as a U.S. Attorney in Montana."