The senator, Arlen Specter of Pennsylvania, who is the ranking Republican on the Judiciary Committee, said Mr. Holder’s support of the White House’s stance on three contentious issues when he was deputy attorney general in the Clinton administration suggested that he was too willing to do the president’s bidding.

“He’s had an outstanding academic and professional record, and I acknowledge that early on,” Mr. Specter said of Mr. Holder in a 25-minute speech on the Senate floor. “But aside from these qualifications on Mr. Holder’s résumé, there is also the issue of character, and sometimes it is more important for the attorney general to have the stature and the courage to say no instead of to say yes.”

Before Tuesday, Mr. Specter had been mildly critical of Mr. Holder’s role in President Bill Clinton’s pardon of the fugitive financier Marc Rich. He said Tuesday that he would wait until the hearing next week to decide how he would vote, but in the Senate speech he let loose on Mr. Holder, comparing him with Mr. Gonzales in his ability to maintain independence from the president.

Mr. Specter raised questions about Mr. Holder’s role as deputy attorney general on a range of issues that included an investigation into the 1993 federal siege in Waco, Tex., that left David Koresh and about 80 of his Branch Davidian followers dead, and an espionage investigation involving a nuclear scientist, Wen Ho Lee.

Specter said in prepared remarks Tuesday that Obama did not consult with him before choosing Eric Holder Jr. to be attorney general, and he tells Legal Times that Obama also did not consult with him or notify him before announcing four other Justice Department nominees Monday.

“History demonstrates that presidents who seek the advice of members of the Senate prior to submitting a nomination frequently see their nominees confirmed more quickly and with less controversy than those who do not,” Specter (R-Pa.) said. “A recent example is that of President Clinton who consulted with then-Chairman [Orrin] Hatch prior to nominating Justice Ruth Bader Ginsberg and Justice Stephen Breyer to the Supreme Court. Both nominees were confirmed with minimal controversy.

“In contrast, on the nomination of Mr. Holder, President-elect Obama chose not to seek my advice or even to give me advance notice in my capacity as Ranking Republican on the Judiciary Committee, which is his prerogative.”

In a conference call this morning, Sen. Chuck Grassley (R-IA) continued the assault, saying that “it’s not going to be a smooth confirmation” for Holder. He evoked Holder’s very tenuous ties to embattled Illinois Gov. Rod Blagojevich as reason to be suspicious of the nominee:

GRASSLEY: It signals that it’s not going to be a smooth confirmation. It doesn’t signal that he may not be confirmed. … [H]e was a counsel or at least Governor Blagojevich had sought to have him involved with something with race tracks in Illinois and casinos, I think. And so we’re trying to get freedom of information on that because we need to know what the relationship is with Governor Blagojevich. And I don’t say that in denigrating in any way except Governor Blagojevich’s recent troubles raises questions with anybody that’s had a relationship with him. … [I]t’s not going to be smooth sailing.

Ironically, just minutes before asserting that “anybody that’s had a relationship” with Blagojevich “raises questions,” Grassley insisted that the Senate must seat Blagojevich-appointed Roland Burris. “He’s got a perfect right to have that seat,” Grassley said.

Conservatives are now brushing off the Schiavo case to use it against Thomas Perrelli, President-elect Obama’s pick for the no. 3 spot at the Justice Department. Right-wing websites are outraged at Obama’s association with Perrelli, since he was one of the lawyers who represented Michael Schiavo, who wanted his wife’s feeding tube removed. The Washington Times today reports that these conservatives are now gearing up to fight Perrelli’s nomination:

Andrea Lafferty, executive director of the Traditional Values Coalition, derided Mr. Perrelli’s selection as “just another death-peddler Obama has added to his list of nominees.” She said he’s earned the nickname among pro-lifers of “Piranha Perrelli” for his work on the case.

Tom McClusky, vice president for government affairs at the Family Research Council, said several end-of-life issues could make their way to the federal level in the next four years and having Mr. Perrelli at the department means pro-life causes would have a tougher time winning those debates.

“If the Justice Department isn’t going to do anything about it, the states, what’s to stop them from cases like Schiavo and even worse cases,” Mr. McClusky said.

Losing the election, lacking ideas about how to fix the Bush-era mess, and unsure how or even whether to attack Obama personally, the conservatives are digging into the old bag of tricks. Karl Rove is the point man. The 1990’s are the time frame.

Conservatives are practiced at this attack. The talking points have long since been written and mastered. Talk radio needs the exercise. The Holder nomination represents a pathetic attempt to relive the glory days of the past [...] the Republicans are complaining about an eight year old pardon. The same republicans who sat around while George Bush turned the Department of Justice into a political tool, including hiring his white house counsel as Attorney General and firing US Attorneys who refused to undertake political prosecutions. Now they’re worried that this well proven civil servant, who earned his stripes on public corruption, might have made a mistake eight years ago.

Maybe he did. Or maybe he didn’t. But the world has moved on since then. We have other things to think about. Don’t fall for the distraction of litigating this long-dead case. Resist even the temptation to point out Bush’s own dubious pardons. Our people need doctors, our bridges need building, and the economy needs fixing. There’s work to do.

Politics here count for more than anything. If the conservatives win, it energizes the base for future battles. If the conservatives lose, they are driven farther into their corner. That’s why Karl Rove chose the battleground here, on fertile Clintonian soil.