WASHINGTON — The Department of Justice has promptly told the House of Representatives that it will not pursue a criminal contempt of Congress citation against its boss, Attorney General Eric H. Holder Jr., because they believe his refusal to release internal documents “does not constitute a crime.”

In a letter to Speaker of the House John Boehner, sent even before House Republicans could refer the criminal contempt citation for prosecution, Deputy Attorney Gen. James M. Cole cited President Barack Obama’s assertion of executive privilege and other obstacles in refusing to cooperate.

But House Republicans passed a second, civil contempt citation that allows them to hire their own attorney and legal staff to file a civil lawsuit asking a judge to force Holder to turn over 1,500 pages of documents related to the Fast and Furious gun-tracking case. It is his refusal to do so that brought the two contempt citations passed by the House on Thursday evening.

Cole’s letter arrived on Capitol Hill at 7 p.m. Thursday, just two hours after the House passed the contempt citation and before the speaker could forward it to Ronald C. Machen Jr., the U.S. Attorney in Washington.

It said “the department has determined” that Holder’s decision not to honor a congressional subpoena for the records “does not constitute a crime, and therefore the department will not bring the congressional contempt citation before a grand jury or take any other action to prosecute the attorney general.”

Frederick Hill, spokesman for Rep. Darrell Issa, R-Calif., who has led the congressional investigation into Fast and Furious, said, “We expected that response, but not that quickly.”

He added that Issa, chairman of the House Oversight and Government Reform Committee, remains undaunted and has been authorized to find an outside attorney and legal staff and proceed with the civil lawsuit.

In another development Friday, portions of sealed wiretap applications in Fast and Furious were printed in the Congressional Record after Issa inserted them in the record during Thursday’s debate on contempt. The applications were approved by senior Justice Department officials, which Issa said shows that Washington was well aware of the “gun-walking” tactics in Fast and Furious.

“Currently,” said one application, “our strategy is to allow the transfer of firearms to continue to take place…”

However Holder and other Justice officials maintain they were not aware of the tactics and did not approve Fast and Furious, and that they shut the program down as soon they learned illegal guns were being allowed on the Southwest Border.

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©2012 Tribune Co.

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18 Comments

  1. Not unexpected. Also not unexpected will be the Republicans failing to follow through and eventually letting the whole thing drop with much indignant mumbling. Not that they should, but we all know our GOP.

      1. If you still think this is a story about Holder read the Fortune magazine article that explains the real and true story.

          1. Can you supply a more factually complete depiction? I am sure it has been derided. It tells much of how misinformation becomes news.

          2. I take it that by “a more factually complete depiction” you mean one that begins from the premise the Republicans made the whole thing up? Sorry, can’t help you, but this might be of interest to the open-minded. No guarantees, but they might find a pony or two once they’re done shovelling.

    1. Yes we know them well!

      They will play it up in their Kangaroo Media Court instead.

      What better than not to have it proven to be what it is, a witch hunt!

  2. You mean the Obama Justice Department isn’t going to investigate Obama’s Attorney General? 

    I’m shocked.   Shocked and disillusioned.

  3. {He added that Issa, chairman of the House Oversight and Government Reform Committee, remains undaunted and has been authorized to find an outside attorney and legal staff and proceed with the civil lawsuit.}

    Maybe we ought to hold the Tea House in Contempt, Subpeona Grover Norquist and hire our own lawyer and prosecute the whole bunch for Conspiracy to Commit Tax Evasion.

    1.  Really like Omama buying the lot next to his Illinois home for less then 20 percent of it’s value from a campaign contributor?  That kind of tax evasion?

      The fact is that all the libs who are all upset this guy was nailed for failing to hand over papers BEFORE he got the pres pass or after. If this had been Bushes AG all you same folks woudl be calling for exaction.

      I seem to recall Omama saying his administration woudl be 100 percent TRANSPARENT to the American people. He sure has put up a whole lot of drapes in his house!!

      1. { If this had been Bushes AG all you same folks woudl be calling for exaction. }

        You might want to read the news, this gun walking business went on during the Bush Administration as well, however Daryll ISA refuses to subpeona any of the Bush AG ‘s to testify!

        What is he afraid of there?

        Answer—–The—- Truth!

        Bribery?

        Sheldon Adelson gives 10 million dollars to Mitt Romney’s campaign and Romney promises to give 5 Trillion in Tax Breaks to the 1 %.

        Now there is one smart Casino owner! He knows how to play the odds and that the odds are in favor of the house!

        So he bought it!

        The White House! — now that surely beats a Vacant House -lot!

        1.  Maybe you shoudl read and listen to Holders own words he said himself that no part of this was conducted under Bush.

          Guess what even if it was I would support releasing them.

          1.  He made the statement during the investigation. It was on CNN so it must be true..

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