Justice Department: Don’t look at us to prosecute Holder

posted at 4:41 pm on June 29, 2012 by Erika Johnsen

We already pretty much knew this was going to happen — Eric Holder is the chief of the Justice Department, for goodness’ sake, it definitely would’ve qualified as a conflict of interest. But, the DOJ went ahead and made it official today, saying that they will not move to prosecute Holder after the House of Reps voted to hold him in criminal contempt of Congress on Thursday:

The contempt vote technically opens the door for the House to call on the U.S. attorney for the District of Columbia to bring the case against Holder before a grand jury. But because U.S. Attorney Ronald Machen works for Holder and because President Obama has already asserted executive privilege over the documents in question, it was expected Holder’s Justice Department would not take that step.

Deputy Attorney General James Cole confirmed in a letter to House Speaker John Boehner that the department in fact would not pursue prosecution. The attorney general’s withholding of documents pertaining to Operation Fast and Furious, he wrote, “does not constitute a crime.”

“Therefore the department will not bring the congressional contempt citation before a grand jury or take any other action to prosecute the attorney general,” Cole wrote, in the letter obtained by Fox News.

Good thing the House also voted yesterday to hold the attorney general in civil contempt, which allows them to hire their own counsel and take the case to civil court to seek an order that would require the Obama administration to release the long sought-after documents. If the civil court invalidates Obama’s executive privilege order, criminal proceedings could still be on the table. And if the Obama administration still refused to comply, that’s when impeachment would become a possibility — although I’m convinced that the Oversight Committee would really just rather that they hand over the darn documents already before things get that far. Once again — what are those Justice officials working so hard to hide?

If the House had really wanted to throw some serious weight around, they could’ve exercised their Constitutional option to actually arrest the attorney general, but it’s become kind of a tradition that everybody restrain themselves. Bit of a shame that’s not in Congressional fashion anymore. …Er, cough, I mean… That would be unseemly. Yes.

Despite voting to hold Attorney General Eric H. Holder Jr. in contempt of Congress, there’s little House Republicans can do in the short term to compel him to turn over documents — unless it wanted to revisit a long-dormant power and arrest him. …

“The House is scared to death to use the inherent contempt power,” said Mort Rosenberg, a fellow at the Constitution Project and author of “When Congress Comes Calling.” “They’re scared to death because the courts have said … the way the contempt power is used is unseemly. It’s not that it’s unconstitutional, because it’s been upheld by four Supreme Court decisions, but unseemly to have somebody go arrest the attorney general.”

That’s why it’s been more than 75 years since either chamber has used the option though it used to be somewhat common.

 


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I don’t need the WaPo to tell me that Eric Holder lied thoughout his testimony to Issa’s committee and many times before that…We have thugs at the helm of our govenment and they are in bed with the American media.

d1carter on May 17, 2013 at 1:24 PM

i wasn’t even there that day, i calle din sick. That would have been a better line to use.

phatfawzi on May 17, 2013 at 1:30 PM

Carnac the Magnificent holds the envelope to his head:

“What will phatfawzi write in his comment?”

i wasn’t even there that day, i calle din sick. That would have been a better line to use.

phatfawzi on May 17, 2013 at 1:30 PM

The Rogue Tomato on May 17, 2013 at 1:31 PM

Well, shoot, they fixed it.

The Rogue Tomato on May 17, 2013 at 1:32 PM

with all the shaking of my head that I did this week, just can’t wait to see what Friday’s document dump is going to be!!

CoffeeLover on May 17, 2013 at 1:33 PM

Is it still America?

Schadenfreude on May 17, 2013 at 1:35 PM

Is it still America?

Schadenfreude on May 17, 2013 at 1:35 PM

What’s in a name? Is it still the Constitution? Not according to the liberal liars that abuse it however they see fit. And their voters keep stepping up for more…That’s the problem with America. I no longer blame the Tyrants in charge, I blame everyone that voted for them. Low-Information or not.

kirkill on May 17, 2013 at 1:47 PM

in other words, “They are who we thought they were!”

kirkill on May 17, 2013 at 1:48 PM

On topic, on all threads.

Schadenfreude on May 17, 2013 at 1:50 PM

Of course Eric lied. His lips were moving.

GarandFan on May 17, 2013 at 1:52 PM

Is it still America?

Schadenfreude on May 17, 2013 at 1:35 PM

That’s the question isn’t it?

I was in the last years of the cold war.. and while I’m always going to be proud of my tiny microscopic contribution to that struggle.. The question in my mind, did I enlist, then lose half my hearing and an eye injury (which still plaques me) resulting in a Honorable medical discharge,…

for this?

To be considered an enemy of the State by the government I enlisted to protect?

and what of the wounded vets who gave up so very much more and fall into the “thought crime” category? What’s going through their heads right now..

“thank you for your service.. now SHUT UP, up against the wall repuglican”…

Obama has turned any trust left in the fairness of ANY agency to sh*t, and all in one fell swoop…

mark81150 on May 17, 2013 at 2:02 PM

Holder: I don’t feel like prosecuting myself, so I won’t. And since I’m the Attorney General and deserve respect, I won’t let anyone else prosecute me either! So there!!! (Sticks out tongue, Bronx cheer)

Steve Z on May 17, 2013 at 2:09 PM

Ok. That’s it. Head exploded near last paragraph. Sorry for the mess.

Tsar of Earth on May 17, 2013 at 2:26 PM

mark81150,

I come from a long family of military.

I’m struggling with advice to my son who is entering HS. I really can’t see recommnding serving this regime or the next one Hillary.

I won’t denigrate the service but I sure won’t sugggest or prod him toward that path.

I figure he will serve his country enough paying back the $17,000,000,000,000 bill run up by DC.

acyl72 on May 17, 2013 at 2:27 PM

Ed,

Loudly, clearly, on every occasion: To attack Syria to bump the investigations from headlines = huge flagrant abuse of power.

Must be in advance, repeatedly, where Americans can hear it. That fox channel doesn’t count. Afterward is too late.

kunegetikos on May 17, 2013 at 2:33 PM

I come from a long family of military.

I’m struggling with advice to my son who is entering HS. I really can’t see recommnding serving this regime or the next one Hillary.

I won’t denigrate the service but I sure won’t sugggest or prod him toward that path.

I figure he will serve his country enough paying back the $17,000,000,000,000 bill run up by DC.

acyl72 on May 17, 2013 at 2:27 PM

My son is 11,.. and already asking about my service time a lot, and while I won’t push him either way, let him come to his own choice as you are..

I know exactly what you’re saying..

There isn’t a military family in America that hasn’t known the terrible price of service, My wife’s family sent 4 young men, cousins to Iraq, and Afghansitan, one young man had his head taken off by an RPG.. I’ had three friends, one in the 4th Infantry, met him while he was a recruiter, he made it through his first tour..

and I found out a few weeks ago, he didn’t retire as he told me he would..

He didn’t make it..

and I still feel sick over it.

So what do we tell our sons, daughters?

Serve,.. but expect to return to a two class system, one for the favored THINK, the other,.. those…… people..

I have always have and still love my country.. .

but a national divorce seems less awful than it used to.

mark81150 on May 17, 2013 at 2:36 PM

The repetition of “I dunno” makes me think of this. It’s brain damage!

GWB on May 17, 2013 at 2:38 PM

So… Holder doesn’t know anything and recused himself from an investigation because he “had knowledge”. ‘kay….

ghostwalker1 on May 17, 2013 at 2:58 PM

Give Holder’s deputy, Mr. Machen, a break. After all, who wants to be called a racist for prosecuting a black guy?

BigAlSouth on May 17, 2013 at 3:03 PM

If Holder can’t make a decision for his own Department then what good is he? The direction of delegation is not down unless that is how Congress tells you to do it… it goes in the other direction by the person who had the power to put you in that position. Responsibility flows up via accountability.

Holder is trying to deny both and that is a FAIL.

Attacking the First Amendment rights of citizens, which is the freedom of speech and against unwarranted searches and seizures, is unconstitutional. Not that these fine fuhrers think much of that document to which they swear an oath. Nor about their oath’s, apparently.

Oathbreakers.

Tyrants.

Despots.

Welcome to the Obama Administration.

ajacksonian on May 17, 2013 at 3:16 PM

Race card laminated with Teflon.

hillsoftx on May 17, 2013 at 3:18 PM