Friday, June 29, 2012

House Votes to Hold Attorney General in Criminal and CIvil Contempt

From the Hill:

Seventeen Democrats bucked party lines and voted with Republicans to pass a criminal contempt resolution in a 255-67 vote. House Oversight and Government Affairs Committee Chairman Darrell Issa (R-Calif.) pushed that resolution as part of his 16-month investigation into the botched "Fast and Furious" gun-tracking operation.

Only two Republicans voted "no" on the measure, while 65 Democrats recorded "no" votes and 108 Democrats didn't cast votes. Most of them were protesting the fact that the House GOP was holding the vote

The Washington Post reports that the Justice Department will not prosecute him:

The Justice Department declared Friday that Attorney General Eric Holder’s decision to withhold information about a bungled gun-tracking operation from Congress does not constitute a crime and he won’t be prosecuted for contempt of Congress.

The House voted Thursday afternoon to find Holder in criminal and civil contempt for refusing to turn over the documents. President Barack Obama invoked his executive privilege authority and ordered Holder not to turn over materials about executive branch deliberations and internal recommendations.

In a letter to House Speaker John Boehner, the department said that it will not bring the congressional contempt citation against Holder to a federal grand jury and that it will take no other action to prosecute the attorney general. Dated Thursday, the letter was released Friday.

Deputy Attorney General James Cole said the decision is in line with long-standing Justice Department practice across administrations of both political parties.

“We will not prosecute an executive branch official under the contempt of Congress statute for withholding subpoenaed documents pursuant to a presidential assertion of executive privilege,” Cole wrote
.

Darryll Issa's possession of sealed wiretaps almost led to a criminal offense:

Issa entered the sensitive, and previously undisclosed, information into the Congressional Record on Thursday during the floor debate leading up to the passage of his resolution placing Attorney General Eric Holder in contempt of Congress.

The powerful Republican might be protected from what otherwise would be a criminal offense under Congress’s speech and debate clause because the remarks were written into the public record during chamber proceedings.