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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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How can anyone try to debate this without acknowledging more going on here. The president is invoking a protective privilege over documents of which they testified he has never seen. How could anyone know that the docs are too sensitive if they have never reviewed them. You can ramble all you want about racism and Bush started it but come-on now... You are breaking color-blind logic.
You don't seem to know anything about Executive Privilege, and how it applies to the separation of powers. Start your learning here:
http://en.wikipedia.org/wiki/Executive_privilege
"The concept of executive privilege is not mentioned explicitly in the United States Constitution, but the Supreme Court of the United States ruled it to be an element of the separation of powers doctrine, and/or derived from the supremacy of executive branch in its own area of Constitutional activity."
When you further your studies, be certain to learn about how George W. Bush, Clinton and other past Presidents have utilized the Privilege in identical ways. For example:
"During the Army–McCarthy hearings in 1954, Eisenhower used the claim of executive privilege to forbid the "provision of any data about internal conversations, meetings, or written communication among staffers, with no exception to topics or people." Department of Defense employees were also instructed not to testify on any such conversations or produce any such documents or reproductions."
'A Very Nixonian Mistake'...
"When the President does it, that means that it's not illegal." ~ Richard M. Obama Nixon
'The operative question now is, what did the president know and when did he know it?'
Eric Holder retracted his statement that Bush's Attorney General knew about Fast and Furious. Eric Holder said he would turn over documents if Congress dropped the charges. Obama invoked Executive Privilege for something he said he knew nothing about. The Obama Administration sent guns to Drug Cartels knowing they would be used to kill innocent people. If Fast and Furious was Bush's fault the Obama Administration should have no reason not to turn over the documents that way Obama could blame Bush again. Whoever started Fast and furious should be charged with murder since they supplied the weapons knowing how they would have been used. Is Eric Holder and Obama murderers? Sounds like it.
This should not be about anything but the truth. Brian Terry was murdered with guns that walked with Holder in charge. All documents should be turned over to the House. Period. If anyone is guilty they should be prosecuted. What we have here is a travisty of justice. I think if Holder was innocent he would have given Issa the information along time ago.
This president is a sinking ship! And Eric Holder is his anchor. It's pretty simple situation if there is nothing to hide then there's no need for executive privilege. The Terry family deserves justice the American public deserves answers.
Yet another GOP witch hunt along the lines of - yeah, let's spend $70 Million of taxpayer money to see if we can't find President Clinton guilty of something - anything. Yeah, no problem. Well, they proved he had sex. And that's about it. But, it's an election year, and Republicans know one thing; if they can make up a good scandal, a bunch of Americans will fall for it.
or we could just read over Obama stellar record?
i'm so glad he's the jobs president.
Clinton was the jobs president... just different context
So then Doug your OK with the President of the United States getting a BJ under in the Oval office and dipping his cigars in the young ladies Vagina for that scented aroma?
"it's an election year, and Republicans know one thing; if they can make up a good scandal, a bunch of Americans will fall for it."
Brian Terry was murdered by the guns that Holders cronies let walk. I want the truth. You should also.
Wake up!!
@Jollyoldsoul1 I am perfectly happy being ignorant of such things, which I would have been had not the house zealots insisted on prying the lid off that affair. Who is worse, the man who has the affair, or the man who demands to know the sordid details in intricate detail?
Really and the liberal women feel the same way! Hmmmmm not the ones I know!
Actually, GWB landed a much better-looking girl than Bill did, on either a long-term or rental basis IMO.
Well I thought it was good for the country when Obama got elected , But I guess I was wrong again. I see he is just another lying politician.By looking at these post you can see he has divided us even more then we have ever been. And if he had nothing to hide Holder would turn the papers over.I hope some of these post ers are being paid, for if not these show how bad off we are.
Have you NEVER listened to George Carlin's speech about who really runs America? It ain't and has never been the politicians. Go and check out YouTube and type in "george carlin american dream."
"Politicians are put there to give you the idea that you have freedom of choice. YOU DON'T. You have OWNERS."
Maybe so, but if we do, Carlin did mighty well off of them!
Racism is this when a president and Atty. Gen. stand in front of the American people and call for justice for Travon Martin. Then invoke executive privilege to prevent the American people from seeing justice for a citizen, civil servant and member of law enforcement? It kind of makes you wonder doesn't it?
Justice for the Terry family!!!!!!!!!!!!!!
The lead GOP/RNC "Zombie" the one and only "Mickey Mouse Mitch McConnell made it very clear back in 2008. The core and only purpose of the GOP/RNC is to destroy an American President at all costs. That message is still being followed to the letter by "Bonehead Boehner," and "Crazy Cantor" in the GOP/RNC "House Of Hoodlum's." Where is the Tranportation Bill? Where is the US Jobs Bill? Where is the legislation to control Interest Rates for students? These very important job creating bills have been voted down by the "Hoodlum's On The Hill." Again!The whole GOP/RNC have been wanting a huge "Political Lynching" over any issue that they can dig up at all costs. To destroy an American President at all costs. This is another GOP/RNC political tactic of "Attack and Distract." Again!
Any moment Spike Lee will be tweeting the address of Sen.Issa and calling on the Black Panthers to put a bounty on his head. Of course he will get the address wrong. LOL
Another Parrot talk imbecile. Progressive is a perfect label for yourself. You libtards repeat your empty garbage so much you all actually begin to believe it even though you know you are full of crap.
Wow, how old are you? "Bonehead Bohner", 'Mickey Mouse McConnel". Maybe you should spend more time reading than you do making up silly names for people with whom you disagree.
And the same to everyone who ever talks about "Odumbo", "libtards", "rethuglicans", etc. I would hope for better from 14-yr.-olds.
Obama’s last-minute move to extend the umbrella of executive privilege raises the question of whether the president or his staff had extensive prior knowledge of the operation, because this privilege can ONLY be invoked when the chief executive’s office is involved.
WHAT DID OBAMA KNOW; AND WHEN DID HE KNOW IT?!
Steven B
You sound like a real oh so brave A— — H — — _E yourself. I'd say GOD gave more BRAINS to an (Idiot)!
So the media wants us to think that selling guns to killers is equal to a president firing a handful of US attorneys(who are regularly fired by the sitting president) is an equal issue. Why does the media and the libs keep lying and lying and lying.? Obama and Holder have been caught in some really bad stuff....it is past time to own up to it. Lets not keep your lies going.
Russ Kissell, what law do you think Holder would be breaking by handing over the documents? Dummy! Ben, Rightwingtexan, Annie Potts, you're wasting your time. People like GT and that IDIOT Bev have their heads so far up a dark and remote place that they'll never get it!
SOMEHOW
Despite many precedents, despite the fact that other Presidents have acted out in similar fashion, despite the fact that the Courts will not support a battle between. between two branches of Government, AND despite the fact that this has ALWAYS been an unclear gray area. The Republicans will still push.
This is very similar to Jan Brewer in Arizona ... the immigration issues always was building during the bush administration years and for long BEFORE that. But as long as their is a good ole boy in the white house, we can just shush it up under the rug. President Obama gets elected and good ole Jan decides to open up a can of immigration to unleash on President Obama. Now in a similar fashion ALL THE SUDDEN the Republicans want to / have make the Justice Department prosecute the White house. Again despite the fact that traditionally this usually just doesn't happen.
I wonder why the need for all these new precedents?
Progressive=Forward, did your mother have any normal children?
If life is like a box of chocolates. Whoever the hell opened the one with Obama and Holder in it would you please do us a favor and put them back in the box.
I find it fascinating that all the stories by PMSDNC back in 2007 and 2008 about the executive orders uner President Bush are still available to read. However, all the comments have been deleted.
Obama will have the last laugh when, by executive order, he disabands the House of Representatives.
This congress is contemptible.
Some people are just Parrot talk Idiots
Terry-Ca Said
86#44 11/06/2012
Clearly, they are hiding something. Whether it be something embarassing or something illegal, this just doesn't pass the smell test. This whole Fast and Furious operation was a calamity from the get go. Letting known drug traffickers get automatic weapons, and then run scot-free back and forth across the border? Everyone involved should be fired, if not indicted.
Does anyone remember the question, "What did the President know, and when did he know it?" That would still seem to be the applicable question almost 40 yrs. later. The difference between then and now is that the question was being asked about a Republican President, Richard Nixon, by a Republican senator, Howard H. Baker. I would certainly like to see the Democratic House member with the courage to ask it now, but guess that I would have a very long wait.
One BIG difference with Obama's invoking Executive Privilege. An American died or, more appropriately murdered! Big difference between lying, obfuscation, politics, etc.
Nixon's Watergate was atrocious, yet no one was murdered and then the truth covered up. So much for al that"change". So much for that "Transparency".
On 3 occasions Holder had to officially retract his statements to Congress. A politician's fancy way to say I lied; got caught; so I'll just write a retraction.
So, what is the next step? The truth will continue to be hidden.
Obama's attack on American gun ownership has been temporarily stopped.
For the Socialists, they will now amount personal attacks on Senator Issa. A practice seen over and over again under Mustafa Obama. Not once will his minions mention an American died. Obviously the DNC has become so morally depraved that an American being murdered is no big deal.
Last time I checked, your guy started an entire war on the basis of a pack of lies. Don't give us this crap about a guy dying when we lost 4486 stopping Saddam's non-existent weapons of mass destruction programs.
The comments posted by Ben -636050 & Rightwingtexan74 are not only inappropriate, but outrageous. It is apparent their vocabulary is limited to the use of gutter type language and lacking the ability to respond in an intelligent manner. Perhaps they are trying to impress on us that they are, indeed, the DREGS OF SOCITY, having lost all vestiges of decency and respect.
Where were these Republican'ts when the Bush/Cheney/Ashcroft/Gonzales refused to turn over documents?
About what? Their rationale for firing U.S. Attorneys, who serve at the pleasure of the President in any event? Where are all of the brave Democratic politicans and journalists who during Iran-contra promised to pursue the truth, no matter where it led? Not so brave now, are they?
Obama and Holder both should be arrested, crooks and liars always stick together, so voters vote Obama is a very FAST & FURIOUS WAY in November.
I'm so done with the Republican party. Where were these guys during the Bush administration? Where were they during the Valerie Plame investigation? Hypocrites!
It's astounding that nobody got arrested or impeached for outing a CIA agent, in retaliation for her husband insisting that Iraq was not trying to buy yellow cake Uranium.
By the way, exactly how is this creating American jobs?
Adamdenver:
out that it was done by a now-deceased journalist, the late Mr. Novak, and that everyone who knew her already knew what she did for a living. Apparently, Clark was almost a criminally-bad choice to investigate much of anything, other countries whose intelligence apparati were not gutted by eight years of Clinton (you're not the only ones who can blame the predecessor) were likewise convinced that there was real-life yellowcake and the main lesson learned was that you should never give "Ambassador" rank to anyone whose spouse works for the CIA. One of GWB's worst mistakes was to let Scooter Liddy be the fall guy and do nothing to correct it, but I guess that's the price you have to pay for going through life as "Scooter" after you've been a grown man for two decades.
Clotho -- these people are creating lots of jobs for website moderators!