E-mail updates
Follow on Twitter
Subscribe to RSS
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.
Leave a Comment:
What's clear is that a US border agent was killed by this botched mission and Holder is either lying or the most incompetent AG certainly in my lifetime. And can somebody tell me how President Obama can invoke executive privilege on information they claim they have never seen?
Something stinks here - big time.
For all you Bush haters: "Holder withdraws his accusation that F&F started under Bush." But, like PMS-NBC, don't let the truth stop your hate-mongering. You have that wonder of foot-in-mouth, Sheila Jackson Lee on your side... Thank God!!! But, from what I've read here, all of you Andra Mitchell types are in here camp.
As a Marine Vet I have to say that the "media" is sometimes our worst enemy. There is just some information the every day public does not need to know. In this day and age of 24/7 information we seem to think that we should know the in and out of every government action and operation.
For hundreds of years people all over the world have died in similar operations or covert actions. Some succeed and some did not. If the public knew about every single one of those what would it do? It would go crazy. That is the difference we go into it understanding our lives are at risk and it should not be taken lightly but if you want to be out raged about this failed mission/operation then you better start to vote to reduce the Military budget, immigration reform and anything else that has to do with combat operations because they are no different.
So, djimi, are you suggesting that Brian Terry was sacrificed for the greater good, and such is the government's right? That his death should not be questioned or investigated because the Chief Executive is good and honest, and if he says he 'has his reasons' our elected representatives should shut up and not question him? That sounds like the line that would be taken by Republicans and banana republic dictators. Where do you draw the line on letting, or even causing, our federal law enforcement agents to be sacrificed? This could go far beyond just allowing weapons to be bought and transported, but may include actual complicity with the drug cartels, so why is it that the people who represent us in Congress should not be allowed to even investigate an administration which has provided no reason at all, other than "just because we can," for hiding the evidence?
Ben I have to say your comments are disgusting and childish. Sad really.
There is a lot of people mad at President Obama but he is up by 13 points over Romney so I guess the public thinks otherwise!
the poll was taken in inner city Chicago... with the current homicide rate there... i really wouldn't count on those numbers
No it was a nationwide land line poll. Cell phone polls has him up by 40 points!
Executive privilege to prevent us from finding out what really was going on??? One more step by the President toward dictatorship, and what appears to be total disrespect for the lives of law enforcement in general and Brian Terry in particular. What are they hiding? Was Brian Terry sacrificed upon direct orders of the President or Eric Holder, in complicity with the drug cartels? Executive privilege only applies when the President is personally involved, so what role did Obama play in all this, and why is he so afraid of us finding out the truth that he is willing to take a chance on losing the election over a fight with the American people to keep the truth from getting out? As Brian Terry's mother said today, Eric Holder and Barack Obama are cowards, and right now they are scared of us finding out just what they were up to. Obama should resign and let a better person run for President.
Ok, folks let get back to civility, I really mean it. The cursing and street language has to stop from both sides.
Rightwingtexan74 you went a little too far with the language. I can see feel your frustration, but please don't give these Liberales a reason to lump us all on the racist wagon as they so often do.
Remember that actions speak louder than words. These latest one really shows how transparent this Administration really is.
djimi "the "media" is sometimes our worst enemy" - no the media IS the enemy! They are no longer unbiased and PMS-NBC is a mouth-piece of the DNC.
Maybe someone should talk to Penetta for publishing the Iran virus leaks!!! Maybe someone should investigate Obama's purposeful leaks to make himself look strong... poor little O-baffoon... Moochelle has you whipped...
You have Fox and we have MSNBC, seems only fair to me and MSNBC at least uses non-partisan sources to substaniate the issue being presented, unlike Fox which just spews fact-less talking points. But of course you repug's lack any sense of fairness. Your an embarrassment to you parents who taught you better or should have and your Party is making you look stupid.
"THE GREATEST THREAT TO OUR NATION IS TODAY'S REPUBLICAN PARTY"
that is a lie! MSNBC has morning Joe and a lot of Repubs can you say that about Fox Noise No!
typical Karl Rove statement. accuse the other guy of what you are doing. If you people stick to the truth and do what is right for the country instead of your racist party we will all be better off!
What has happened to the republican party. Shameful!
OBAMA/BIDEN 2012!
Fox has its pet liberals, MSNBC its pet conservatives. They show that the management of each gives lip service to fairness, much as David Brooks working for The New York Times (or his predecessors like Wm Safire), or George Will for ABC and The Washington Post.
I would think congress would hold Holder in contempt. I hold all of them in contempt.
I would think congress would hold Holder in contempt. I hold all of them in contempt.
With a 9% approval rating, you're not the only one...
Well this should secure Oboms second term... he he he.:D
ok... i'll play.
on what twisted logic does this look good for the socialist?
the good new is... no matter what happens... this look horrible for Bam Bam... which is really good for the US
makes him look like the lying rat fink that he is!
Then, it was believed that the guns would be 'found to have originated in the US' and that would set the stage for Obama to attack the Second Amendment.
Steven B - Obama has never attacked the 2nd Amendment.
Your whole statement makes you sound like an NRA conspirophile... Get a grip dude!
Obama/Biden 2012
Obama/Biden both pieces of liberal s hit!
Oh, yeah. Our salvation is the republican party. They have done so well in the past. I don't know how either side can criticize the other. People in glass houses throwing stones.
And yet the sheepies STILL find a way to blame Bush.
You'll be on your death beds preparing to breathe your last and blaming Bush for that too.
It's like a Pavlovian response sometimes...just say "bush" and the sheepies froth at the mouth.
I too am in contempt of Congress, the House majority that is.
Oh, gotta love that Senate! Is there a bigger statesman in U.S. history than Harry "Granny" Reid? At least none of them that made him Majority Leader are, to my knowledge, are former card-carrying Klansmen anymore, but that's a fairly recent development!
I love how the LIberals are the only ones to use the Race Card... but find it boring that that is the only excuse or defense they can bring up .. tell Brian Terry's wife and family that it is only about race.
I love the light weight comments such as the one by Si the Cabbie,, lunk head Liberal,, they tries to bash Congress without being specific... surely you aren't blaming the Democrats Si,, they haven't done anything in 2 years so they can't be to blame..
When the Attorney General refuses to comply with Congressional Requests,, no matter who is in charge,, then breaks his word he will never use Presidential protection ,, it is obvious the info Holder is frightened to submit buries Obama , Holder and Co in their own lies.
Today the Democratic excuse ,, which are endless,, is that F & F is all Bush's fault,, okay,, turn over the documents so you can prove your point,, oh you won't turn over your own records ? WHY ? What do you NOT WANT TO BE SEEN ?
This is so obvious that only LIberals miss the point. But LIbbies live in lala land anyways. Especially the Liberal women like Beverly .. Feisty, Amy in Portland,,, shallow ladies to say the least.
You Libs accept anything Obama does , lies about, promises but doesn't deliver,, his record,, you are all hopeless,, no reason to argue with you ,, I am too busy laughing at your stupidity,,
Obama has zero chance of being re elected,, and each day he gets more desparate insuring his own defeat..
Where are the Jobs Obama ? You were the guy that said this is a 3 year deal and you are done if you fail,,, well you have more than failed,,, you have destroyed.
Romney & Rubio,, in November 2012,, real people with real plans and abilities.. Romney is so much more qualified than Obama is a laughable.
This will become painfully apparent during the debates.
Alan W
Obama has zero chance of being re elected,, and each day he gets more desparate insuring his own defeat..
ROFL
Ohhh Alan, if the election were held today our President would win.
Our President Obama has more electoral votes.
221
Obama
Romney 170
See for your self
http://www.realclearpolitics.com/epolls/2012/president/2012_elections_electoral_college_map.html
BTW: Romney got boxed it with the Hispanic vote when President Obama gave the directive to Department of Homeland Security forbidding the federal government from initiating the deportation of illegal immigrants under the age of 30 who came to the U.S. before age 16; have lived in the country for at least five years; have no criminal records; and are in school, high school graduates, or military veterans.
News flash:
Sixty-four percent of likely voters surveyed after Obama’s June 15 announcement said they agreed with the policy, while 30 percent said they disagreed. Independents backed the decision by better than a two-to-one margin.
http://www.bloomberg.com/news/2012-06-19/obama-immigration-policy-favored-2-to-1-by-likely-voters.html
Keep telling yourself that, and keep using all bold because otherwise no one will ever notice that you're smart. Try some polls who use LIKELY VOTERS rather than just whoever is over 18 and will answer a phone call from a stranger, which isn't that many people anymore.
I find it interesting that repug's (not deserving of a capital r) are commenting on this site. I thought they couldn't stand any outlet that is MSNBC. All you repug's need to go back to your Fox outlet and take your repuglican arrogant, antagonist, bully personalities with you. If you get your way in November and take over our government you'll only have succeeded in opening the door for a totalitarian government and I guarantee you won't like it.
"THE GREATEST THREAT TO OUR COUNTRY
IS TODAY'S REPUBLICAN PARTY"
How's that for a bumper sticker. To my fellow Obamaians; don't put this on your car, I did and it was spray painted and badly scratched.
Here's another one I was going to put but that would also render the same results and maybe worse. They talk about freedom of speech but only if it's what they agree with otherwise they don't want to hear it.
"NOT ALL RACISTS ARE REPUBLICANS
BUT MOST REPUBLICANS ARE RACISTS"
Has it ever occurred to any of you that Barack Obama is not the best Democrat to run for President? He has repeatedly treated the Presidency as his personal fiefdom, shown a lack of ability to bring the country together, stone-walled any efforts by the elected representatives of the American people to pass laws, and murdered an unarmed minority U.S. citizen (Google Abdulramen al Awlaqi). Why can't we get Obama not to run and put in a candidate who better represents Democratic principles of respect for others, inclusiveness, transparency, and honesty?
Sounds like screed from a lifelong Republican...
After Reading all these comments from Democrats and Liberals trying to defend Obama's Actions I have come to understand the term BRAIN DEAD..... Let me tell a store to make may point:
Let me tell this story to make a point…………..
In the hospital the relatives gathered in the waiting room, where a family member lay gravely ill. Finally, the doctor came in looking tired and somber.
'I'm afraid I'm the bearer of bad news,' he said as he surveyed the worried faces.
'The only hope left for your loved one at this time is a BRAIN transplant. It's an experimental procedure, very risky, but it is the only hope.
Insurance will cover the procedure, but you will have to pay for the BRAIN.
'The family members sat silent as they absorbed the news. After a time, someone asked, 'How much will a BRAIN cost?
'The doctor quickly responded, '$5,000 for a Democrat's BRAIN; $200 for a Republican's BRAIN.
'The moment turned awkward. Some of the Democrats actually had to 'try' to not smile, avoiding eye contact with the Republicans.
A man unable to control his curiosity, finally blurted out the question everyone wanted to ask, 'Why is the Democrats BRAIN so much more than a Republicans' BRAIN?'
The doctor smiled at the childish innocence and explained to the entire group,
'It's just standard pricing procedure. We have to price the Republicans' BRAINS at a lot lower cost because their BRAINS are used. LOL
Issa is a veteran of the Roger Clemens Contempt of Congress prosecution, albeit a reluctant one. Despite the fact that he would have to have nearly everyone in the country indicted if he really wanted to try somebody for contempt of Congress, you have to wonder if these idiots are planning to waste as much money on Holder as they did on Clemens.
if holder and obama have not lied and not involved as accused then why don't they turn over the documents requested and EMBARRASS ALL REPUBLICANS.
Some government documents are classified, and Issa, a felon, cannot get a security clearance.
waterboarding illegal what should be done to the Bush administration?
Where are the arguments? All I am seeing is childish name calling. Is that all you got, insults? Do you all have any proof for any of your accusations?
rightwingtexan - What's up with you rightwing Texans? I never seen a group so concerned over sodomy, do you all have an "object up your butt" fetish. I bet the horses and steers run away from you guys.
why do you think they want the documents?
either way... doesn't matter... this doesn't bode well for the socialist in chief and that's great new for the US
Exactly my point. No documents. No proof. And everybody's hatred is showing their own stupidity on this topic.
The right needs to better job with name calling. He is a centrist. If there was true socialist, or worse a communist, in power, then you would need to be worried, you would be probably in jail as a political prisoner working in a labor camp.
Too bad the law looks to be in favor of Holder. He should just resign and save everyong a lot of trouble. We all know he f'd up big time and is party to a colossal coverup. Holder is a disgrace to the justice system, this country, and the administration and should remove himself from office NOW!
Darrell Issa, a former car thief who made his fortune in the car-alarm business, has stated clearly his intention is to tie up the Obama administration with endless investigations, subpoenas and testimony by Cabinet secretaries.
Issa is motivated by his extreme right-wing views, as well as his purely political desire to embarrass the Obama administration with false accusations and unwarranted investigations, thinking he'll be able to set up the President for defeat in November.
Issa isn't interested in finding out the truth. Even the most partisan Republicans are beginning to see Issa for what he really is.
is this article about Issa or Holder lying?
Most Republicans sort of get what Issa is, that's why when he started the movement to recall Gray Davis as Governor of California he soon came to see that Ah-nold and not he was going to get the nomination to replace him, to his great heartbreak. However, in this case we needn't confuse the messenger with the message. I'm old enough to remember that old segregationist of long standing, Sam Erwin, was the chairman of the Senate Watergate Committee. Everyone mostly got over his past and soon all but the most partisan Republicans realized that Richard Nixon was involved in a coverup of the first order. No one much got all bent out of shape about Erwin's checkered past because that wasn't what it was about.
This is somewhat similar. Most people know that it is unlikely that President Obama had anything much personally to do with 'Fast & Furious' at its onset. But if there has been a coverup, it seems likely that he may have been involved. His claim of Executive Privilege strikes a lot of people my age as being pretty Nixonian. What really happened remains to be seen, and will as long as they get away with "stonewalling".
How the Republicans have behaved during this administration is shameful! You would think it was 1950 or even further back just shameful! Put country first you bigots!
OBAMA/BIDEN 2012 DEM CONGRESS!
someone voted for this dumb black azz and with a 13% AA slice, i don't think it was the blacks that put him there.
JasonInNYC—another example of "liberals pulling the race card..."