Los Angeles Times

No prosecutio­n for Holder

Justice Department officials see no crime in his refusal to turn over gun case papers.

- By Richard A. Serrano richard.serrano@latimes.com

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

In a letter to House Speaker John A. Boehner (R-Ohio), sent even before House Republican­s could refer the criminal contempt citation for prosecutio­n, Deputy Atty. Gen. James M. Cole cited President Obama’s assertion of executive privilege and other obstacles.

But House Republican­s also passed a civil contempt citation, which allows them to hire their own attorney and legal staff to file a civil lawsuit asking a judge to force Holder to turn over about 1,500 pages of documents related to the Fast and Furious gun-tracking case. Holder’s refusal to do so prompted the two contempt citations passed by the House.

Cole’s letter arrived on Capitol Hill at 7 p.m. Thursday, 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 (RVista), 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, remained undaunted and had 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 during Thursday’s debate on the contempt citations. The applicatio­ns were approved by senior Justice Department officials, which Issa said showed that Washington was well aware of the “gun-walking” tactics in Fast and Furious.

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

Holder and other Justice Department officials contend that 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 to circulate near the Southwest border.

 ?? Pete Marovich
EPA ?? THE HOUSE voted to hold Atty. Gen. Eric H. Holder Jr. in contempt of Congress in the Fast and Furious investigat­ion.
Pete Marovich EPA THE HOUSE voted to hold Atty. Gen. Eric H. Holder Jr. in contempt of Congress in the Fast and Furious investigat­ion.

Newspapers in English

Newspapers from United States