Time is running out for the Obama administration to bring charges in the case of Eric Garner, the Staten Island man who died after being confronted by cops for selling loose cigarettes. Advocates fear that even if charges are filed, the case will not be vigorously pursued by the Trump administration. NY1 Criminal Justice reporter Dean Meminger has the story.

The U.S. Justice Department has spent two years investigating the police chokehold death of Eric Garner.

But with Donald Trump succeeding President Obama late next week the window might be closing on any potential federal prosecution of the officers in the Garner case.

"I think there is still a chance, except every day that goes by that chance diminishes," said former Brooklyn U.S. Attorney Alan Vinegrad.

Vinegrad says even if current Attorney General Loretta Lynch gets an indictment in these last days of the Obama administration — Trump's attorney general likely would take a new look at the charges.

"On something particularly prominent or controversial or high profile like this case evidently is, it wouldn't shock me if they came in and did their own assessment," the former U.S. Attorney said.

A state grand jury on Staten Island decided in late 2014 not to bring criminal charges against Officer Daniel Pantaleo, who put Garner in the chokehold.

The Justice Department then began investigating whether cops violated Garner’s civil rights.

That two years have passed, experts say, shows this is not an easy case.

On top of that, both Trump and his pick for Attorney General, Senator Jeff Sessions, are seen as more likely than the Obama administration to side with cops accused of using aggressive force.

Advocates like Iris Baez are worried. Her son died after being choked by a cop in the Bronx 22 years ago.

Baez fears the Trump administration will view Garner as a criminal, not a victim of police abuse.

"They say, so called he was selling loosies," Baez said. "So that is against the law. So automatically that's one strike against her."

Her — meaning Garner's mother — who's been pressing the feds to act.

Former prosecutor Vinegrad says these are tough cases, and prosecutors must show the defendant intended to violate the victim's civil rights.

"It has to be on purpose, I am doing this because I want to and this is my objective to inflict harm on you and hurt you," he said.

Pantaleo remains on desk duty, but stripped of his gun. A departmental hearing that could lead to his firing is on hold pending the federal investigation.