DOJ Official's Nomination Withdrawn Days Before Confirmation Hearing

June 22, 2007 — -- The White House has withdrawn the name of William Mercer as the nominee for the associate attorney general position at the Justice Department.

Mercer, who has been serving as the acting associate attorney general since September 2006, asked the White House to remove him from consideration from the position.

He is the sixth DOJ official to step down from a post at department headquarters since March. Mercer has also been serving as the U.S. attorney for Montana since 2001, a job he'll continue to hold despite the withdrawal of his nomination for the associate role.

The associate's job is a key one, overseeing departments within DOJ such as the Civil Rights Division, the Tax Division, the Civil Division and the Antitrust Division. The associate also oversees major DOJ grant programs and other components of the department.

Quick Confirmation 'Highly Unlikely'

In his letter notifying Attorney General Alberto Gonzales of the decision, Mercer wrote, "I have concluded that it is highly unlikely that both the Judiciary Committee and the Senate will take prompt action on my nomination in the near term, if ever.

"This view is informed in part by statements suggesting that some senior Justice nominees will not be voted upon until the Senate receives e-mails and witnesses it has demanded from the White House," Mercer continued.

Congress and the White House have been in a standoff over documents and testimony concerning several Justice Department matters.

Pulling Double Duty

Mercer was likely to face tough questions in his upcoming confirmation hearing about his splitting his time serving as both the U.S. attorney in Montana and as the associate attorney general in Washington.

The chief district judge in Montana, Don Molloy, had asked Gonzales to remove Mercer from his position as U.S. attorney, saying that he was spending too much time in Washington and was not focused on his job back home.

"It will be a great pleasure to return home to continue my work as United States attorney for the district of Montana," Mercer wrote. "I have heard the call from my home-state senators encouraging me to choose one Justice Department role."

Fired Attorneys Controversy

Mercer was only tangentially involved in the controversy over the eight U.S. attorneys fired last year. He was notified two days in advance of the dismissals.

"Wanted you to know in case you get some calls from the field and so you can help manage the chatter that may result," former Gonzales chief of staff Kyle Sampson wrote to Mercer Dec. 5, 2006.

Dems Quick Response

Democrats on Capitol Hill were quick to respond to the news.

"The White House has found many ways to keep sunlight from reaching some of the darker corners of the Bush Justice Department, but this is a new one," Senate Judiciary Chairman Patrick Leahy, D-Vt., said in a statement.

"With a confirmation hearing looming next Tuesday, they have withdrawn this nomination to avoid having to answer more questions under oath," Leahy continued.

"The attorney general is running out of fall guys," said a statement from Sen. Charles Schumer, D-N.Y. "Six resignations into the U.S. attorney firing scandal, the attorney general inexplicably still acts as though he has the confidence and support of the country. He has neither."

DOJ Exodus?

Deputy Attorney General Paul McNulty announced his resignation last month; he'll step down before the end of the summer. McNulty's chief of staff, Mike Elston, announced his departure last week, and his last day is Friday, June 22.

Other officials who have resigned include former Gonzales chief of staff Kyle Sampson, White House liaison Monica Goodling and Michael Battle, the former director of the Executive Office of U.S. Attorneys.

It is unclear who will replace Mercer as the acting associate attorney general. Administration officials say an announcement on the replacement could come early next week.

ABC News' Jake Tapper contributed to this report.