Updated

President Bush's pick to be the No. 3 official in the Justice Department withdrew his nomination Friday.

Bill Mercer, who is U.S. attorney for Montana, asked the president to withdraw his nomination, saying it was unlikely that the Senate would confirm him to a post he has held on an interim basis since September.

"With no clear end in sight with respect to my nomination, it is untenable for me to pursue both responsibilities and provide proper attention to my family," Mercer said in a letter to Attorney General Alberto Gonzales.No