Attorney General nominee faces Senate grilling

WASHINGTON—Thanks to a controversial six-year tenure, many Americans know Attorney General Eric Holder. Far fewer know Loretta Lynch, the woman President Barack Obama nominated in November to replace him. But she is well-known in Democratic circles.

Lynch, the daughter of a Baptist minister, is the U.S. Attorney for New York’s Eastern District and is set to become the first female African-American attorney general. She has a strong friendship with Holder and was college roommates with his wife. Lynch also is a former Clinton campaign operative who helped devise the strategy to discredit women who accused former President Bill Clinton of sexual harassment.

Most observers expect the Senate to easily confirm Lynch, but her confirmation hearings beginning Wednesday will draw out her views on a host of key issues—and likely produce plenty of fireworks. Among the scheduled witnesses are Sharyl Attkisson, an investigative journalist who is suing the Department of Justice (DOJ) for $35 million, and Catherine Engelbrecht, a Texas woman who says the Internal Revenue Service targeted her for her political beliefs.

Lynch likely will sound much like the current attorney general, but that won’t be enough to prevent her nomination—even though Holder became the first cabinet-level official to be held in contempt of Congress.

“The worst you could say is she has many of the objectionable views Eric Holder has,” John Malcolm, a senior legal fellow at The Heritage Foundation, told me.

Here are some of the key issues that likely will come up during the hearings:

Civil asset forfeiture. This month, Holder announced the DOJ will scale back the controversial practice of seizing private property and selling it for profit. Expect Republicans to grill Lynch on this issue because she apparently has no problem with it: Her office used the process 120 times to seize some $113 million from citizens who were only connected to a crime, not convicted—or even charged. Citizens must prove their innocence to reclaim their property.

Secret deals. Lynch’s office also has come under fire for secret settlements some critics say should be disclosed as part of the vetting process. In 2013, a federal judge recommended Congress investigate a secret stock fraud settlement that didn’t allow victims to pursue restitution.

Terrorism and Gitmo. Lynch has received praise for successfully prosecuting terrorism cases, including a plot to blow up the New York City subway, but she will face tough questions about her views on closing the U.S. military base at Guantanamo Bay, Cuba.

Presidential authority. Republicans have long charged Obama with overstepping his constitutional authority on everything from Obamacare to drug laws to immigration. Expect GOP senators to air grievances and press Lynch on her views.

Prison reform. Critics blasted Holder for making unilateral changes to the way certain laws were enforced, such as marijuana statutes, but Lynch may also find some agreement on the issue. Many lawmakers on both sides of the aisle share concern over the high U.S. incarceration rate, which dwarfs other industrialized nations—and continues to rise.

Voter ID. Holder has opposed voter ID laws as voter suppression and brought suits against states that passed them. Last year Lynch called such laws racist efforts to roll back what Martin Luther King Jr. fought for, even though some states have reported minority voter turnout has actually increased after voter ID bills became law. In the words of commentator George Will: “Does requiring voter ID at airports constitute travel suppression?”

Prosecuting scandals. Rather than vigorously prosecute scandals, the Holder Justice Department often became part of them, from Fast and Furious to the IRS targeting of conservative groups. GOP senators will probably ask Lynch if she supports appointing a special prosecutor to conduct a comprehensive investigation in the IRS matter.

Police practices. Recent cases of alleged police brutality, including in the deaths of Michael Brown and Eric Garner, have led many to question the use of force and race relations between police officers and their communities.