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Once the House committee votes in favor of citing Attorney General Eric Holder in contempt, it goes to the full House for consideration.
If the full House votes in favor of the contempt citation, the issue is sent to the U.S. attorney for the District of Columbia. A federal law adopted by Congress in 1857 directs federal prosecutors to refer these matters to a grand jury for possible prosecution. The language is mandatory as to the U.S. attorney: "whose duty it shall be to bring the matter before the grand jury for its action."
But from there on, it gets complicated.
The Justice Department has long taken the position, as a separation of powers matter, that Congress cannot force the Justice Department to undertake a prosecution of an executive branch official. The courts have never resolved the question.
The Justice Department, under both Democratic and Republican administrations, has further claimed that a U.S. attorney must not initiate a prosecution when the president has asserted executive privilege over what Congress seeks.
The administration of George W. Bush most recently made this claim during the congressional investigation of the firings of several U.S. attorneys nationwide. Congress subpoenaed former White House counsel Harriet Miers and Chief of Staff Josh Bolton, and the president directed that neither should testify or produce the requested documents. Though the broad issue of executive privlege went to court, it is still unresolved.
Another gray area here is how much a president can cover under the umbrella of an assertion of executive privilege. The further a matter gets from the White House and presidential decision making, the more the courts have been unwilling to recognize it.
On a broader point, the federal courts have been reluctant to referee what they see as fights between the White House and Congress. During the legal battle over Miers, the federal district court in Washington practically begged the two sides to work it out without suing each other.
"The court strongly encourages the political branches to resume their discourse and negotiations in an effort to resolve their differences constructively," it said.
And finally, there's this point to remember: if this does end up in court, it could take up to two years to resolve, given the time for a trial and subsequent appeals. However, a contempt citation is valid only during the Congress which approved it. Each term of Congress lasts only two years, so if the issue was still in the courts when this Congress ends in a year and a half, the contempt citation would evaporate, and so would any lawsuit.
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Like a child testing his limits, Obama will test his limits and continue to make illegal decrees as long as no one challenges him.
It is the job of the House Committee on Oversight and Government Reform to stop Obama from abusing his power. Otherwise we will only see a lot more of it.
Congress has not just a right, but an obligation to do all that it can to uncover exactly what happened and ensure that it never occurs again. After the Justice Department’s earlier false denial of reckless conduct, the Committee has a duty to pursue all options to gather and evaluate key evidence.
So basically, it's good to be King.
So if this is much ado about nothing why invoke an EP?
I mean c`mon, you`ve got a dead Federal agent, cough up the paper and let the chips fall where they may.
Y`know hardly anyone gave a rats azz about Bill copping a hummer from Monica, but when you get on national tv and look the American public in the eye and lie about it well, next thing you know you`re being impeached...
This has got to be the most racist tv station / website in all of MSM.
When you hide evidence and refuse to surrender it to the investigating agency, it leaves an impression of guilt. Perhaps what Obama has done is legal, but it is hardly the right thing to do. Someone was responsible for this failed operation. Someone gave the OK. We still do not know who. Nobody has been fired and no charges have been filed. That is either complete and utter incompetence, or a cover up in an attempt to protect people.
People have died. This is unacceptable.
... thought Repugnicans are AGAINST gun control? What a bunch of flip=floppin' passive-aggressive nit wits!
OBAMA ADMINISTRATION = NOT TRANSPARENT
This is just like the birth certificate issue. The administration just doesn't want to cooperate with any kinds of investigation. They could end the matter by giving Congress the answers it seeks, but I think we all kinda know at this point /WinkWink that Obama probably discussed how this could be buried to prevent an election year embarrassment. Why exert executive privilege if there is nothing to hide? WHY?
I don't think messing with your political opponents is a good reason to invoke executive privilege, but that's apparently the explanation we're supposed to take.
If this is much ado about nothing, why try to hide the information?
Oh, and why does MSNBC try to bury this? Is this not more important than a $150,000 Dali painting being stolen? Isn't this more important than a sinkhole in FL? Isn't this more important than the Sandusky trial?
Sorry, my bad. This IS after-all MSNBC (More $hitty News Being Contrived). What a pathetic organization.
And yet, look who's posting here, YOU!
Mr. Holder should not resign! Why should he resign because a bunch of republicans with a political motive want him to?
Yep, the same way they wanted Clinton.
Has anything significant ever come out of congress trying to judge the executive branch? Even the IRAN-CONTRA hearings were just drama. just drama.
Lot's of congressional peacocks strutting the stage, a sound of fury signifying nothing.
Romney does what is best for him , always.
Veterans, military retirees; note that Romney PROMOTED THE DRAFT, then skipped out to France for extraordinary lenth of time when church missionary tours were limited. When Romney came home, he sided with his dad that the whole Viet Nam War was a scam and that he was against the war. His early flip flops, he is good at.
Promoting the draft, while Americans were dieing, he skipped out, then says he wishes he could have participated. Pro church, Anti Americam.
Pls explain and document when he "PROMOTED THE DRAFT". Not saying that he didn't, just that I don't know and aren't willing to accept it based solely on your sayso.
as a parent of an Iraqi war veteran who served 2 terms in Iraq and thankfully came home unharmed, I bet the parents of those killed in that war would also like to know all of the details and see all the documents that Bush, Cheney and Rumsfeld hid from everyone. What's wrong with you people? Shouldn't someone go to jail?
Why didn't any of you conservative nutbags show any concern for the truth then?