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Photo: Spencer Platt/Getty Images

The Justice Department has ended its investigation of Daniel Pantaleo, the white NYPD officer accused in the 2014 choking death of Eric Garner, who was African American, the New York Times reports.

Why it matters: The decision ends a "yearslong inquiry into a case that sharply divided officials and prompted national protests," writes the NY Times. It also means Pantaleo will not be prosecuted. A state grand jury declined to indict him 5 years ago.

  • Garner yelled out "I can't breathe" 11 times during the encounter with Pantaleo, which was captured on video. It quickly became the rallying cry of protests around the country, and Garner's death became a "pivotal flash point" for the Black Lives Matter movement, the Washington Post reports.

Details: Attorney General Barr ultimately made the decision to drop the investigation against Pantaleo, even though civil rights prosecutors pushed for it, reports AP.

  • The Justice Department dropped the investigation because the evidence wasn't sufficient to prove Pantaleo's intent to harm Garner or violate the law, says AP.

What's next: The NYPD held a disciplinary hearing in June regarding the case. However, Commissioner James O’Neill will ultimately decide whether Pantaleo will be fired or face a lesser punishment, says NYT.

Context: Pantaleo was accused of putting a chokehold on Garner after stopping him on a Staten Island street for allegedly selling loose cigarettes, per the New York Times. Pantaleo has been on desk duty since the incident.

Go deeper: Report: Rod Rosenstein “unlikely” to charge cop in Eric Garner case

Go deeper

It's harder to fill the Cabinet

Data: Chamberlain, 2020, "United States of America Cabinet Appointments Dataset" Chart: Will Chase/Axios

It's harder now for presidents to win Senate confirmation for their Cabinet picks, an Axios data analysis of votes for and against nominees found.

Why it matters: It's not just Neera Tanden. The trend is a product of growing polarization, rougher political discourse and slimming Senate majorities, experts say. It means some of the nation's most vital federal agencies go without a leader and the legislative authority that comes with one.

Exclusive: Hundreds of kids held in Border Patrol stations

Migrants cross the Rio Bravo to get to El Paso, Texas. Photo: Herika Martinez/AFP via Getty Images

More than 700 children who crossed from Mexico into the United States without their parents were in Border Patrol custody as of Sunday, according to an internal Customs and Border Protection document obtained by Axios.

Why it matters: The current backup is yet another sign of a brewing crisis for President Biden — and a worsening dilemma for these vulnerable children. Biden is finding it's easier to talk about preventing warehousing kids at the southern border than solving the problem.

Pompeo plots 2024 power play

Mike Pompeo in Washington on Feb. 12. Photo: Samuel Corum/Getty Images

Mike Pompeo has quickly reentered the political fray, raising money for Republicans, addressing key political gatherings and joining an advocacy group run by Donald Trump's former lawyer.

Why it matters: The former secretary of state is widely considered a potential 2024 presidential contender. His professional moves this week indicate he's working to keep his name in the headlines and bolster a political brand built largely on foreign policies easily contrasted with the Biden White House.