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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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I wonder how they would have dealt with this 200 years ago?
With lots of ugly political cartoons, the most virulent "attack journalism" imaginable in the party-controlled hack "newspapers", all kinds of name-calling and the suggestion that the other side hated both the Constitution and the country and wished to sell it out.
In short, just like today, minus TV, the Internet, and radio talk shows. Look up how pols talked about each other during the War of 1812 if you doubt me.
Any day now, I expect to see a resignation letter from Holder saying:
"I am resigning today because I have become a distraction to the exceptional work of this administration, and I would like to spend more time with my family."
Translation: Obama threw me under the bus.
wrong....Holder will survive this political stunt....The ending will be...Obama & Holder releasing something that will hurt what the old admn started...Stay tuned...No fat lady singing here....
Obama, what are you doing? With this utter total display of contempt to get at the truth in this very important matter, you will give Romney, the Presidency. Your only hope is to throw, holder under the bus and move on quickly. He was inept at best anyway. Mark my words, this is a much bigger deal then you think. Bush and Clinton, evoked the same privileges, but this issue, is something ALL of the American people take very seriously. If you want to stay in power, time to move and come clean. You will be exonerated and excused, but Holder MUST GO, or you loose the election. It's that simple....
Just more time wasting by the Rightwing Clown Posse.
if only they could pass a JOBS BILL as fast as this HOLDER'S BILL..
That's because this one did not have to go thru the do nothing senate
i have no doubt that holder & obama will embarrass the gop, by next week....they will release docs, to show how long this has been going on...maybe this is where weapons of mass destruction was....i smell a set-up for the gops...should' ve hold up a jobs plan than a holders plan...lmao.....mark this comment...the gops will look like idiots!!
ijs1940: That's really some spin. When a President invokes Executive Privilege, it's a very serious matter. When you take such serious action, you'd better have a really good reason for it.
If you're right, and it is done as a political stunt, then it will prove to be a disaster for Obama because he will be portrayed as playing politics with very important rights reserved only for a President.
Obama is already toast, but if you couple:
1. Fast and Furious
2. Unilaterally giving amnesty, in addition to refusing to enforce immigration law
3. Suing a state for trying to enforce immigration law
4. Refusing to enforce the Defense of Marriage Act
5. Repealing Don't ask Don't tell
and about half a dozen other issues I could name....
It all adds up to one thing: Obama will be thrown out on his keester come November.
More political theater! It's the best this congress can do. Do you expect them to do any work?
if only issa and the gang could pass the jobs bill as fast as they passed the holder bill...we will be doing better...we send you to work, and all that happens is a witch hunt.
Too much BS by the liberal left. Obama is going to get scorched come November. Four years ago, he did'nt have a record to defend. He never did anything while in the Senate. He has a record to defend now....as dismal as it is. In 232 years as a country (1776-2008), we have accumulated $10.1 trillion in debt. In Obama's first 42 months, that has gone to $15.1 trillion in debt (and that excludes the soon to be over-ruled $2trillion Obamacare). The man has never met a dollar that we don't have that he did'nt like to spend. What do we have to show for it? Almost 9% unemployment....and double that for people who are under employed. Record number of welfare and food stamp recipitents. Our nations credit rating was de-valued on this clown's watch by S&P for the first time ever.
Bottom line is that debt makes you weak and I am concerned what this idiot will do if afforded another term.
Get over your bitterness and hatred, its not good for your heart
If pointing out the facts is bitterness, then I guess that is because we have so much to be bitter about!
I know.........How can we blame Bush for all of this?
When Persons of limited means, education, and resources faceoff against their opposites, several events will occur:
- Reason is pushed aside by arrogance
- Truth is twisted by indifference
- Acceptance is mired in doubt
- Solutions are improbable
Those with monetary power buy access to and legislation by Politicians, be they ‘Liberal’ or ‘Conservative’. These Power Brokers keep the two persuasions at each other's throats so they can sneak into the hen house and get most of the eggs for themselves.
This takes shape while we are yelling and cursing one another, then running to the ballot box thinking we are changing things, when all we do is elect a different fox. The laws passed by previous foxes giving themself big raises, pensions, and healthcare make their cozy niche irresistible. How much effort and goodwill can be forthcoming from an employee that knows even if they are “fired” they will continue receiving money and benefits for life?
Until we start working in unison to change Election Rules, laws and Politicians benefits, we are going to curse ourselves into total ruin.
when i say 4 you say more....4....more.....4....more....go obama...this is nothing but a political stunt aiming to backfire in the pubs faces...like i said before if only they could pass a jobs bill as quick as a holder bills...americans will be working.....
If this good for nothing Congress could do something about the jobs bill it would be of great importance to the jobless. This nonsense gives me and several others the chance to vote for Obama. Issa and his cohorts look RIDICULOUS. They are a wanton waste of taxpayers money,they all sit on their gluteus and waste time has done nothing to help the nation just talk , talk and quarrel over silly bills and the nation need to move with jobs and more jobs. Where are the jobs Mr Bohemer? stop the fiddling, the sharp outburst and tear shedding and bring this tea party Congress to their senses. What you are all doing not helping any body it is all theater . Shame on you all .
President Obama is a fine President doing his job well.
Rabid republicans are attacking him, lying about him, and obstructing his Jobs Bill in house of representatives.
Obama/Biden 2012 For Sure ~ The Leader of today for tomorrow!
Rabid republicans with conservative cooties ain't gonna stop his re-election!
"Conservative cooties"? Really? What are you, ten years old?
It's good to see that the Attorney General has joined the rest of us who have contempt for the House of Representatives.
Was'nt it Ol Harry S Truman who stated that "The Buck Stops Here? Words to live by BS Obama. If I had a son, he would look like ..............the kid who has an unemployed father.
Since you want to act like Truman is a hero. Here's a quote repeated several times in his book "Plain Speaking". Under Republican administrations, the rich get richer and the poor get poorer." I agree with him.
ludvig: The only reason the poor get poorer is because the poor keep making stupid life decisions that keep them poor and then blame it on someone else.
There is no rich person out there keeping you down, or keeping you from being as successful as your brain will allow. But it's always easier for someone to blame personal failures on someone else than it is to look in the mirror and see who's really to blame for their lot in life.
At least you know where you stood with Truman, and he always put this country FIRST. He saved millions of lives by stopping the war because he had the courage to use the A-bomb, because as horrible as that was, the alternatives were even worse. He saved West Berlin, and South Korea, and according to my father (despite the above, a Republican) he saved America at the expense of his political career when he relieved MacArthur of command because he saved the all-important principle of the subordination of the military to civilian control. We all stand on the shoulders of giants like him, whether we are Democrats, independants, or Republicans. I don't think that the same will be said of President Obama in fifty or sixty years. However, I care enough about this country that if he could turn everything around in the next six months, win another term on the strength of that, and become a legend, then I would be happy because the success of the country is far, far more important than the success of any single person or any one party.
It's all on your watch BS Obama.
Back to the southside for you and Michelle in just over 4 months. YAHOOOOOOOOOOOOOOO!!!!!!!!!!
Why do these corrupt Republican political puppets have to PLAY GAMES when the American People they are supposed to be supporting are hurting so bad from their corrupt Republican OIL & FINANCIAL corporates?
How could the 99% American People possibly vote for them! Their only concerns are their LOBBYISTS and the corrupt Republican corporates they were "HAND-PICKED" to satisfy their CAPITALISTIC GREEDS of which there is ZERO GOVERNMENTAL CONTROL OVER IT because of their GOVERNMENT INFILTRATED POLITICAL PUPPETS!
99% American People, vote 100% STRAIGHT DEMOCRATIC, the lives you save WILL be YOURS & your CHILDREN! Let's rid our selves of their corruption once & for all!
What? If that were true, there would NEVER be a repub in office id10t
Obama/Biden 2012 to continue the destruction of our Constitutional Republic.
So he's in contempt of Congress. It just shows he's sane.
OBAMA (3/20/2007): “Well, you know, I think we'll -- we'll determine over the next several weeks how this administration responds to the very appropriate call by Patrick Leahy, the chairman of the Judiciary Committee, to have these individuals come in and testify. You know, there's been a tendency on the part of this administration to -- to try to hide behind executive privilege every time there's something a little shaky that's taking place. And I think, you know, the administration would be best served by coming clean on this. There doesn't seem to be any national security issues involved with the U.S. attorney question. There doesn't seem to be any justification for not offering up some clear, plausible rationale for why these -- these U.S. attorneys were targeted when, by all assessments, they were doing an outstanding job. I think the American people deserve to know what was going on there.”
Some idiot posted " its only an issue because of a Black President" You my dear are a racist idiot. Its people like you that keep racism alive. It is obvious that this was nothing more than a political move to further ones chances in the presidential race, nothing more. Nothing can or will come of it because these people protect their own. Even after the millions of dollars spent prosecuting ole Bill for his sexual exploits nothing came of it. The only reason Barrack mad it to the Presidency is because he is Black. Why else would you vote for a totally incompetent person for the Presidency. Hilary would have been the reasonable choice. She had already gotten her shoes dirty and knew something of what was happening.
Republicans should learn how to stonewall the same way the dems do. The only problem is that if the republicans follow suit, the media will crucify them. Now as for Obama the new Nixon, such hypocrisy should make even the most ardent followers of the man without a plan queasy.
Oh quite the contrary, Bill. Bush, Cheney, Rumsfeld, Rice, Gonzales and a variety of thoroughbred Republicans in the previous administration put on a clinic on "stonewalling." As I recall, this is the first Obama exercise of Executive Privilege. When he does it as often as his predecessors, he will get better at the task.
I'm amazed at the number of nuts in here that won't look at the facts. Number one, policy's do not start at the bottom of the chain but the top. If any of you think Holder and O'Bama didn't know about this from the start-I have the Brooklyn Bridge for you to buy. I'm not defending either side as I'm not a member of either party. I do try to look at the facts and make a decision from that. Forget the damn political parties and stop, look and think. An individual was killed from the thing done and the people need to know "who" knew what and when. I'm no a Issa fan but the question needs to be answered. Also, this crap of executive privilage by both parties needs to be scrapped and make them answer for their actions. Forget the parties and think! Use the brain God gave you instead of sitting on it.
Hey all you libs out there, Vallery Plame is not dead and Nixon didn't kill anyone at Watergate. But several federal agents and many mexicans cannot claim the same thanks to O and Co. Only your unabashed liberal support is keeping these clowns in office.
And it shall continue doing so through January 20, 2017. I know how toxic that reality is for you but adapt ~ it is inevitable. You can't blame liberals for Republicans failing to select an electable candidate.
Jim:
You have to hope for it at the national level, because you're sure not having any success at the state level, are you?