Eric Holder contempt vote: House panel moves against attorney general

[jimmy olsen]

Good, this guy is a total moron.

http://www.politico.com/news/stories/0612/77632.html

Eric Holder contempt vote: House panel moves against attorney general

By JOHN BRESNAHAN and JAKE SHERMAN | 6/20/12 9:51 AM EDT Updated: 6/20/12 4:57 PM EDT

The House Oversight and Government Reform Committee voted along party lines Wednesday to hold Attorney General Eric Holder in contempt of Congress for refusing to comply with a subpoena in the "Fast and Furious" investigation, setting up a legal showdown with President Barack Obama in the middle of his tough reelection battle.

Within minutes, Republican leaders announced plans for a vote of the full House on the contempt resolution.

The dramatic committee action came after Holder asserted executive privilege over some of the documents sought by the House panel, which is chaired by Rep. Darrell Issa (R-Calif.).

But GOP lawmakers weren't swayed, and they proceeded with the contempt vote despite bitter objections from the White House, Justice Department and Democratic lawmakers. Speaker John Boehner and other top Republicans went so far as to suggest the White House was using executive privilege to cover up its involvement in Fast and Furious.

Issa and his fellow GOP lawmakers on the Oversight panel defeated several Democratic amendments seeking to revise or water down the contempt resolution and its accompanying report. Republicans then pushed through the chairman's measure, the gist of which was leaked weeks ago, on a 23-17 vote.

(Also on POLITICO: Boehner suggests W.H. cover-up)

Boehner and House Majority Leader Eric Cantor said in a joint statement after the committee vote that they plan to forge ahead with a floor vote next week unless Holder relents.

"While we had hoped it would not come to this, unless the Attorney General reevaluates his choice and supplies the promised documents, the House will vote to hold him in contempt next week," Boehner and Cantor said. "If, however, Attorney General Holder produces these documents prior to the scheduled vote, we will give the Oversight Committee an opportunity to review in hopes of resolving this issue."

Holder issued his own statement after the vote blasting Issa.

"This divisive action does not help us fix the problems that led to this operation or previous ones and it does nothing to make any of our law enforcement agents safer," Holder said. "It's an election-year tactic intended to distract attention — and, as a result — has deflected critical resources from fulfilling what remains my top priority at the Department of Justice: Protecting the American people."

The Oversight panel's vote, and Obama administration's move to invoke executive privilege, is similar to battles between President George W. Bush and Democrats over the extent of presidential power. It sets up a much more serious debate over the authority of the executive and legislative branches as it relates to the botched gun surveillance program, which allowed Mexican drug cartels to obtain roughly 2,000 weapons from U.S. gun dealers.

(Also on POLITICO: Issa: Contempt vote coming on Fast and Furious)

The dispute over Fast and Furious, and the Holder-Issa showdown, adds fuel to the already heated partisan atmosphere on Capitol Hill. Democrats slammed Issa for his handling of the probe, saying a legitimate congressional inquiry has now turned into a personal power struggle between him and Holder, as well as an opportunity for Issa to get headlines and TV time.



The contempt resolution against Holder marks the first time since 1998 that a congressional committee has taken such an action against the nation's top law-enforcement official. And the exertion of executive privilege is Obama's first involving a congressional investigation. Bush asserted it six times, and President Bill Clinton used it 14 times.

GOP leadership quickly began portraying the executive privilege claim as a potential cover-up by Obama's White House — a weighty charge in an election year.
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Some House Republicans even tried to invoke the famous Watergate-era mantra, "Who knew what and when did they know it?" That was meant to suggest a more extensive scandal, though the lawmakers offered no new evidence to back up such a claim.

"Until now, everyone believed that the decisions regarding 'Fast and Furious' were confined to the Department of Justice. The White House decision to invoke executive privilege implies that White House officials were either involved in the 'Fast and Furious' operation or the cover-up that followed," said Michael Steel, Boehner's spokesman. "The Administration has always insisted that wasn't the case. Were they lying, or are they now bending the law to hide the truth?"

White House Communications Director Dan Pfeiffer said that "given the economic challenges facing the country, we believe that House Republicans should work with the rest of Congress and the President to create more jobs, not more political theater."

"The problem of gunwalking was a field-driven tactic that dated back to the previous Administration, and it was this Administration's Attorney General who ended it. In fact, the Justice Department has spent the past fourteen months accommodating Congressional investigators, producing 7,600 pages of documents, and testifying at eleven Congressional hearings," Pfeiffer said in an emailed statement. "Yet, Republicans insist on moving forward with an effort that Republicans and objective legal experts have noted is purely political."

The Obama administration statement did not address the decision to invoke executive privilege.

After a fruitless session Tuesday between Holder and Issa - and a Justice Department assertion of executive privilege Wednesday morning that fell on unsympathetic GOP ears - the Oversight and Government Reform moved forward with its contempt resolutions.

The resolution authorizes Boehner "to take all appropriate action to enforce the subpoena" from Issa's panel to DOJ. Boeher could seek a criminal referral to the Justice Department - a case that would be handled by the U.S. Attorney for the District of Columbia - but that is unlikely to be enforced, at least based on past precedent.

(PHOTOS: Eric Holder's career)

The House could bring a civil action against DOJ in federal court and seek an expedited ruling, as occurred in 2008 when House Democrats sued the White House over the firing of U.S. Attorneys. The House won the first round in that legal fight, but with both sides fearing an unwanted precedent, the two sides later cut a deal to allow senior White House aides, including Karl Rove, to testify.

In his opening statement at the politically charged hearing, Issa said his panel had uncovered "serious wrongdoing" by the Justice Department.

"The Department of Justice has fought this investigation every step of the way," Issa added. "Over and over again, the Department of Justice has sought to protect its political appointees."

Rep. Jason Chaffetz (R-Utah) then made an impassioned plea for "justice for Brian Terry," a Border Patrol agent killed in a Dec. 2010 shootout. Some Fast and Furious weapons were found at the scene of that shooting. "We have a moral duty to his family," Chaffetz said.

But Rep. Elijah Cummings (Md.), top Democrat on the Oversight panel, blasted Issa for his handling of the probe and his treatment of Holder. Other Democrats accused Issa of "character assassination" against Holder and being "extremely disrespectful" to the attorney general.
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"For the past year, you have been holding the Attorney General to an impossible standard," Cummings said. "You accused him of a 'cover-up' for protecting documents he was prohibited by law from producing. You claimed that he 'obstructed' the committee's work by complying with federal statutes passed by both houses of Congress and signed by the president. And earlier this month, you went on national television and called the attorney general — our nation's chief law enforcement officer — a liar."

"Even Newt Gingrich wouldn't hold a contempt vote on the floor of Congress against Janet Reno," added Democratic Rep. Carolyn Maloney (N.Y.).

In a letter to Obama on Wednesday morning, Holder said the documents that Issa wants should be withheld under a claim of executive privilege.

Holder told Obama that he was "very concerned that the compelled production to Congress of internal Executive Branch documents generated in the course of the deliberative process concerning its response to congressional oversight would have significant and damaging consequences."

"This would raise substantial separation of powers concerns and potentially create an imbalance in the relationship" between Congress and the White House.

In another letter to Issa, Holder blamed the California Republican for the stalemate after the two men failed to reach a compromise on Tuesday.

"After you rejected the department's recent offers of additional accommodations, you stated that the committee intends to proceed with its scheduled meeting to consider a resolution citing the attorney general for contempt for failing to comply with the Committee's subpoena of October 11, 2011. I write now to inform you that the president has asserted executive privilege over the relevant post-February 4, 2011, documents," Holder told Issa.

The documents in question are related to a Feb. 4, 2011, letter sent by the Justice Department to Capitol Hill on Fast and Furious. DOJ later withdrew the letter as inaccurate, a stunning move that surprised Issa and other congressional investigators.

According to Holder, the Justice Department "has already shared with the committee all internal documents concerning the drafting of the February 4 letter, and numerous Department officials and employees, including the Attorney General, have provided testimony, transcribed interviews, briefings, and other statements concerning the drafting and subsequent withdrawal of that letter."



No attorney general has faced such a contempt vote since 1998, when the same House panel voted to hold then-Attorney General Janet Reno in contempt over a campaign finance investigation. Republicans did not bring that measure to the floor for a full House vote.

The contempt resolution states that the Justice Department's "refusal to work with Congress to ensure that it has fully complied with the committee's effort to compel the production of documents and information related to this controversy is inexcusable and cannot stand. Those responsible for allowing Fast and Furious to proceed and those who are preventing the truth about the operation from coming out must be held accountable for their actions."
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The resolution added that the Justice Department "has refused to produce certain documents to the committee" but "without any assertion of executive privilege by the President, and the Department has not provided a privilege log delineating with particularity why certain documents are being withheld." A privilege log is an index of withheld documents giving legal reasons for why they are not being turned over.

Issa issued two subpoenas in 2011 as part of his investigation into the failed Fast and Furious program, which allowed roughly 2,000 U.S. guns to be obtained by Mexican drug cartels. The botched surveillance program was run by the Bureau of Alcohol, Tobacco, Firearms and Explosives with DOJ supervision.

Issa has been seeking DOJ documents related to the handling of the Fast and Furious case. While DOJ has turned over thousands of pages of documents, Issa has complained it has not been enough or that the documents were repetitive.

For his part, Holder told reporters Tuesday night that his department had made "extraordinary" efforts to accommodate Issa's demands over the last few weeks and months. This included making available "internal deliberative documents" related to a later withdrawn Feb. 2011 letter from the Justice Department to congressional investigators.

Holder offered Issa a briefing and documents the California Republican sought during Tuesday's session, but failed to receive a commitment from Issa that the panel would drop the contempt issue.

Holder also called Issa's position "political gamesmanship" and not a true attempt to resolve the dispute.

The parents of the Border Patrol agent killed in 2010, Brian Terry, issued a statement on Wednesday afternoon slamming Obama and Holder for their actions.

"Attorney General Eric Holder's refusal to fully disclose the documents associated with Operation Fast and Furious and President Obama's assertion of executive privilege serves to compound this tragedy," said Josephine and Kent Terry. " It denies the Terry family and the American people the truth," said Josephine and Kent Terry. "The documents sought by the House Oversight Committee and associated with Operation Fast and Furious should be produced and turned over to the committee. Our son lost his life protecting this nation, and it is very disappointing that we are now faced with an administration that seems more concerned with protecting themselves rather than revealing the truth behind Operation Fast and Furious."

[citizen k]

Obama's Watergate/Iran-Contra/Monicagate/Katrina?

[Siege]

Yes!

Nixon quit for less than this.

[Admiral Yi]

It does seem like Holder has misplayed his hand.

[Neil]

Attourney General is a tough job, as it seems that they are often called upon to overstep their authority.

I miss the good old days when they would just massacre cults, like the Branch Davidians in the 90s or the Mormons back in the 19th century.

[katmai]

Yes Issa is a moron.

[Scipio]

Yes Issa is a moron.

Issa is a moron.

Obama is a fool for backing Holder on this, though.  Holder should have thrown himself under the bus, or released the documents.  The cover up is incredibly dumb.  Dumber, in fact, than Issa.

[KRonn]

Holder has gone back on what he's previously testified, as more info came out and he had to admit things. I don't blame Obama or Bush, though Obama is now perhaps deep in this by taking this stance on Executive Authority.  He blasted Bush for doing such things.

Now they say this began under Bush; if so, release the documents that can be released and show how the Bush admin messed up. I don't really care who messed this up. This was a disastrous plan that was botched badly.  A border agent dead and who knows how many Mexicans killed by those guns. All kinds of errors.  I want to know who has been fired and taken to account for this fiasco? Not hide this thing. The whistle blower is getting all kinds of grief I think. We're supposed to be protecting whistle blowers.

Then someone tried to blame US gun dealers for selling the guns to Mexico, and there were calls for new gun laws based on this! Probably by some pols who knew exactly where the guns came from. 

[derspiess]

I predict Seedy busting into this thread and making an angry post using the n-word multiple times.

[The Minsky Moment]

I don't know of any instance in which Executive Privilege has been asserted over documents that are admitted to be purely communications within a executive department.  AFAIK EP has only been invoked where at least one of the parties to the communication had some connection with the White House.  So this position could only be taken if one adopted a pretty extreme view of "unitary executive" theory, which of course is exactly the kind of thing Obama promised he would put an end to.

Sure Issa is grandstanding and acted like a jerk refusing the offer of a committee briefing, and of course that move is political and driven by the election cycle.  Guess what - that's part of life when it comes to interaction between the branches.  The solution is to call the man and ass (a iss?) and then give him the paper he wants so he can amuse C-span viewers and an empty gallery for a couple of hours.

[CountDeMoney]

I predict Seedy busting into this thread and making an angry post using the n-word multiple times.

Thank you for doing it for me.

Issa is a supreme grandstanding douchebag, but Holder should've been expecting it and been prepared better since earlier in the month.  All in all, a disappointing storyline for everyone involved.  Including dead Mexicans.

[Siege]

Yes Issa is a moron.

Issa is a fucking genious.
He waited until the election year to make this flap on Barack Hussein Oblamo's face.

I'll say Congressman Issa is a fisherman. He knows when to give reel to the fish untill the fish is totally entangled, then he pulls in for the kill.

Eric Holder is done, and rightly so, that lying bastard.
There is a security officer dead and he wants to brush this under the rug?
Fuck no.

[CountDeMoney]

Eric Holder is done, and rightly so, that lying bastard.

No, he's not.

There is a security officer dead and he wants to brush this under the rug?
Fuck no.

Funny, not one Republican in the committee has even mentioned his name yet.  So we know where their priorities are.

And quite frankly, for somebody that's been indicted for stealing a Maserati, sued for a hit and run, arrested for illegally carrying a handgun, firing an employee while brandishing another handgun in the office, and investigated for arson, Dan Issa is the last person to address issues of integrity.
The GOP wants to grandstand all high and mighty on Fast and Furiousgate, they should've found a better bully.

Funny to see Siegy shooting his wad over such a pro-Arab/anti-Israeli guy like Issa anyway. 

[garbon]

The GOP wants to grandstand all high and mighty on Fast and Furiousgate, they should've found a better bully.

Obama should have found a better Attorney General but then coulda would shoulda.

[The Minsky Moment]

The GOP wants to grandstand all high and mighty on Fast and Furiousgate, they should've found a better bully.

Obama should have found a better Attorney General .

Bar has been set quite low on that in recent years.