The Republicans in the House have passed a resolution holding
Attorney General Eric Holder in contempt of Congress for following President
Obama’s claim of executive privilege having to do with turning over documents
the House wanted.
What happens next?
This from the Washington
Post:
Under federal law, the
House contempt citation goes next to the U.S. attorney for the District of
Columbia, who would be responsible for bringing the matter to a grand jury and
beginning possible criminal prosecution of his boss, Mr. Holder.
The Justice
Department’s chief precedent on the issue is a 1984 opinion issued by Office of
Legal Counsel. The opinion by Ted Olson, highly regarded among
conservatives, says a U.S. attorney “is not required to refer a congressional
contempt citation to a grand jury or otherwise to prosecute an executive branch
official who carries out the President’s instruction to invoke the President’s
claim of executive privilege before a committee of Congress.”
People familiar with
the matter said that precedent is expected to help form the Justice Department
response.
The last time Mr.
Olson’s opinion came into play was in February 2008, when the
Democratic-controlled House voted to hold two senior aides to President George
W. Bush, Josh Bolten and Harriet Miers, in contempt of
Congress over another documents dispute. On Feb. 29, 2008, then-Attorney
General Michael Mukasey wrote to then-House Speaker Nancy Pelosi that Justice
wouldn’t take any action against the two aides.
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