The embattled US Senator from New Jersey has yet to make up his mind if he is going to support President Obama’s nominee for Attorney General, Loretta Lynch.

Senator Menendez is in a awkward spot because if voted in, Loretta Lynch will run the Justice Department, the same department that is preparing to charge him with corruption very soon.

Politico said the matter is so sensitive the two have not met personally even though Lynch has made courtesy calls to every senator considering her nomination.

Whereas every other Democrat is prepared to support her, Menendez will not disclose how he will vote. Due to the fact her support is so limited, his vote might be a deciding factor. Even if they indict Menendez before Lynch’s nomination comes up for a vote, it is very possible he could recuse himself from voting and which might be just enough to deny her nomination.

Menendez has said he will decide how he is going to vote when she gets to the floor.

Currently her confirmation vote has been stalled due to a partisan fight over a human trafficking bill. The GOP is holding up the attorney general nomination until the Democrats relent on their demands to remove anti-abortion language from the human trafficking bill.

As her nomination remains at a stand still she has been losing support. Especially since she has come out and said President Obama was acting within his constitutional right to pass immigration reform by way of executive order.

The only way she will get approved is if all of the 46 senators in the Senate Democratic Caucus votes for her.

Senator Menendez did join the Senate Democratic Caucus by signing a letter that urged Republicans to schedule a confirmation vote for her right away but that in itself is not an indication of how he will vote.