what attorney general was held in contempt of congress

by Albert Hirthe I 8 min read

Who was the first Attorney General to be held in contempt?

Dec 23, 2015 · The GOP-led House voted Thursday to hold Attorney General Eric Holder in contempt of Congress for failing to provide key information pertaining to Operation Fast and Furious, making Holder the...

Was Attorney General Eric Holder in contempt of Congress?

Jul 02, 2012 · In April, Issa announced that his committee was drafting a Contempt of Congress resolution against Holder in response to the committee being “stonewalled by the Justice Department.” On June 20, 2012, the Oversight Committee voted 23-17 along party lines to hold Holder in contempt of Congress for not releasing documents the committee had requested.

What is the history of contempt of Congress?

May 02, 2019 · Tensions are high on Capitol Hill after Attorney General William Barr declined to appear at a House hearing over the Mueller report. If things continue to escalate, and Barr continues to resist...

Can Congress enforce contempt charges against Attorney General William Barr?

Jun 28, 2012 · House votes to hold Attorney General Eric Holder in contempt of Congress June 28, 2012, 8:48 PM UTC By Ned Resnikoff The House voted on Thursday to Attorney General Eric Holder in both criminal and...

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When was Holder held in contempt of court?

On June 28, 2012, Holder was held in criminal contempt by the House of Representatives in a 255-67 vote, with 17 Democrats voting for the measure and civil contempt by a vote of 258-95 with 21 Democrats voting for the measure.

Why did Eric Holder choose legal action against Arizona?

Holder was concerned that Arizona’s immigration law “might lead to racial profiling.” He testified during a House Judiciary Committee hearing that he had not read the Arizona law and that he had formed his opinions on the basis of news reports. Instead of protecting Arizona from illegal immigration and the criminal activity associated with it , Holder chooses legal action against Gov. Jan Brewer, Sheriff Joe Arpaio and others who fight the illegal immigration war in their States.

Why did the Oversight Committee vote 23-17?

In April, Issa announced that his committee was drafting a Contempt of Congress resolution against Holder in response to the committee being “stonewalled by the Justice Department.” On June 20, 2012, the Oversight Committee voted 23-17 along party lines to hold Holder in contempt of Congress for not releasing documents the committee had requested. A memo from Holder’s office said of the vote: “It’s an election-year tactic intended to distract attention.”

What would happen if Eric Holder was a lowly patrolman?

If anyone other than the Attorney General committed these acts, if it were a lowly patrolman, prosecutor, civilian, detective, they would have quickly become an inmate facing charges of perjury on top of contempt as well as fines and incarceration and most certainly the loss of their career. It should be no different for Eric Holder – no matter what lame, unsupportable defense or excuse he may attempt.

What did Holder say about the vote?

Holder responded to the vote stating, “Today’s vote is the regrettable culmination of what became a misguided and politically motivated investigation during an election year.” He added that the debate and votes were “good political theater” but also “a crass effort and a grave disservice to the American people.”

Is the Holder case a political ploy?

This situation is not a political ploy. Holder committed a criminal action in direct violation of the laws of these United States, of the individual States, of the Constitution. It is a violation of the Rules of the House of Representatives, the Oath of Office that each of these men took and the Rules of Professional Conduct they are bound by in the legal profession.

Who is Eric Holder?

Attorney General Eric Holder is the 82 nd Attorney General and the first African American to be appointed to that position. He is the highest law enforcement officer in America. It is his job, his oath, his sworn duty, to uphold the law and the Constitution – all of the laws and all of the Constitution, not just the parts he or the President like. His oath does not give him the power or authority to break the law. It is the job of the Congress and the White House to ensure that the Attorney General does his job.

Who can certify a contempt citation?

2) Congress can certify a contempt citation to the executive branch – headed by the President – to try to get the person criminally prosecuted.

Who is the Democrat who eats chicken?

US Congressman Steve Cohen, Democrat of Tennessee, eats chicken as during a hearing before the House Judiciary Committe on Capitol Hill in Washingotn, DC, on May 2, 2019. - US Attorney General Bill Barr refused to testify before the committee hearing on his handling of the Mueller report, setting up a showdown that could see Democrats take legal steps to compel his appearance. Committee chairman Jerry Nadler said Barr had also refused to supply the panel with a full and unredacted copy of Special Counsel Robert Mueller's report on Russian meddling in the 2016 election and possible obstruction by President Donald Trump. (Photo by Jim WATSON / AFP) (Photo credit should read JIM WATSON/AFP/Getty Images)

What happens if Barr resists the Democrats?

If things continue to escalate, and Barr continues to resist Democrats’ demands about the Mueller report, the country’s top law enforcement officer could be found in contempt of Congress.

What is it called when you can tell the Senate to detain someone?

This is called “inherent contempt.” But it’s super rare and hasn’t happened in modern times.

What happens if an official refuses to disclose information after the President says it’s protected under executive privilege?

If an official refuses to disclose information after the President says it’s protected under executive privilege, “past practice suggests that the Department of Justice (DOJ) will not pursue a prosecution for criminal contempt, ” the Congressional Research Service said.

Can the executive branch help with contempt?

It can also be hard to get the executive branch to help. If the person in contempt is an executive branch official, efforts to punish him or her for not complying with a subpoena fail in many cases, the research center said.

How many Republicans voted against the contempt of Congress?

The final vote for criminal contempt was 255-67, with only two Republicans voting "no." 108 Democrats abstained from voting on what they have long argued is a politically motivated stunt. This was the first time a sitting cabinet member had been held in contempt of Congress. The matter will now go before a grand jury to determine whether or not the Attorney General will be charged with a federal crime.

Is the National Rifle Association scoring the contempt vote?

The following day, the National Rifle Association announced that they would be scoring the contempt vote, possibly swaying Democrats in pro-gun districts to vote for contempt, or at least avoid voting against.

How long can you see contempt charges in court?

Harkins says if Congress charges Barr with contempt, "You can easily see the court cases for this lasting more than 18 months."

What did Michael McConnell write about Barr and Holder?

Stanford law professor Michael McConnell wrote in The Washington Post about the parallels between Barr and Holder. The Obama administration said disclosing information about executive decision-making would "inhibit the candor" of officials inside the administration. An assistant attorney general falsely told Congress the Obama administration was unaware of Fast and Furious -- a claim the administration had to pull back -- and Holder said he would provide the subpoenaed documents only if the committee agreed to close the investigation.

What did Holder do in 2012?

Holder defied a congressional subpoena to furnish documents about Operation "Fast and Furious," a program to attempt to trace gun trafficking along the southwest border that went awry. The House held Holder in contempt, but since Holder declined to indict himself, the controversy faded.

Did the White House resist subpoenas?

The White House resisted House subpoenas on other fronts, too.

Did Barr testify before the Senate?

Barr did testify last week before the GOP-controlled Senate Judiciary Committee. He was set to appear before the Democratic-controlled House Judiciary Committee, but then the committee demanded Barr take questions from staff lawyers as well as elected members. Barr balked.

What is contempt of Congress?

What is contempt of Congress? The charge has existed since 1795, when the House of Representatives asserted that its power to legislate gave it the inherent ability to prosecute individuals for impeding Congress. It is a complicated piece of law, and can be used to pursue either a criminal or civil offense. The criminal offense, made law in the 1930s, is a misdemeanor, and happens when a witness or documents are requested but the person involved “willfully makes default, or … refuses to answer any question pertinent to the question under inquiry.”

Who is the chairman of the House Judiciary Committee?

In return, House Judiciary Chairman Jerry Nadler , D-N.Y., launched a House Judiciary Committee vote on whether to hold Barr in contempt of Congress — a move that prompted the White House to invoke executive privilege over the entirety of the Mueller report.

Is the Justice Department moving on contempt charges?

In recent years, the Justice Department has declined to move on contempt charges involving either the attorney general or any executive official.

Who was the first sitting president to be held in contempt of Congress?

The attorney general Eric Holder has become the first sitting member of a president's cabinet in US history to be held in contempt of Congress after Republicans vented their fury over a bungled gun-tracking investigation.

Who is the contempt issue handed to?

In legal terms the vote is of doubtful practical significance as the contempt issue will now be handed to the US attorney for the District of Columbia – a prosecutor who, as an official within Holder's department of justice, is unlikely to proceed with a case against his own employer.

What did Holder say about the contempt vote?

Holder delivered an angry statement about 20 minutes after the contempt vote, accusing the Republican leadership of engaging in "election-year politics and gamesmanship". He said the charges against him were "unnecessary and unwarranted" and insisted that as soon as he learnt about flawed tactics of Fast and Furious he had taken action to stop it and make sure such methods were never used again.

What was the criminal contempt resolution?

The criminal contempt resolution, passed by 255 to 67, with most Democrats walking out of the chamber en masse before the vote, related to Operation Fast and Furious, a federal investigation launched in Arizona designed to ensnare gun smugglers involved with the Mexican drug cartels. Thursday's vote was of symbolic value, ...

What did Eric Holder say after the vote?

Eric Holder gave a statement after the vote and said the Republican leadership was engaging in 'election-year politics and gamesmanship'. Photograph: AP

Why did Obama invoke executive privilege?

Last week Obama invoked executive privilege to block the disclosure of the internal documents.

When did Holder write to his officials?

On 23 February, three weeks after the administration denial had been made , Holder wrote to his officials following new revelations in the media to say: "We need answers on this. Not defensive BS. Real answers.".

What is contempt of Congress?

Act of obstructing the work of the United States Congress or one of its committees. Contempt of Congress is the act of obstructing the work of the United States Congress or one of its committees. Historically, the bribery of a U.S. Senator or U.S. Representative was considered contempt of Congress.

How long is a contempt of Congress sentence?

The criminal offense of contempt of Congress sets the penalty at not less than one month nor more than twelve months in jail and a fine of not more than $100,000 or less than $100.

What amendment did Pagliano plead for?

House Committee voted, 19–15, to recommend Pagliano for a contempt resolution for failing to appear during a September 13 and 22, 2016, hearing after being subpoenaed and submitting a written Fifth Amendment plea in lieu of appearing in person.

What happened on April 26, 1983?

House Committee on Energy and Commerce. House of Representatives. Indicted for lying to Congress; convicted; sentenced to 6 months in prison, 5 years probation thereafter, and a fine of $10,000.

What happens if a person refuses to comply with the Senate's order?

If the subject then refuses to comply with the Court's order, the person may be cited for contempt of court and may incur sanctions imposed by the Court. The process has been used at least six times.

What is the procedure for holding a person in contempt?

Following a contempt citation, the person cited is arrested by the Sergeant-at-Arms for the House or Senate, brought to the floor of the chamber, held to answer charges by the presiding officer, and then subjected to punishment as the chamber may dictate (usually imprisonment for punishment, imprisonment for coercion, or release from the contempt citation).

What happens if a committee refuses to testify?

Procedures. Following the refusal of a witness to produce documents or to testify, the committee is entitled to report a resolution of contempt to its parent chamber. A Committee may also cite a person for contempt but not immediately report the resolution to the floor.

Why did Holder hold Holder in contempt of Congress?

A Republican House held Obama-era Attorney General Eric Holder in contempt of Congress over failure to provide documents and information related to the failed gun program known as “Fast and Furious.” During the administration of President George W. Bush, the Democrat-run House voted to hold White House Chief of Staff Josh Bolten and White House Counsel Harriet Miers in contempt of Congress over the alleged politicization of U.S. attorneys.

Who wrote to Miers about the contempt of the House?

Then-White House Counsel Fred Fielding wrote to Miers, telling her not to provide information or testimony to the House. The full House voted to slap Bolten and Miers with contempt citations in 2008. Then-Judiciary Committee Chairman John Conyers, D-Mich., filed a lawsuit to compel Bolten and Miers to testify. There was also a criminal contempt effort. But, not surprisingly, the Bush Justice Department told the House it wouldn’t press criminal contempt against the duo in federal court.

Why is Barr being held in contempt?

The House Judiciary Committee has scheduled for Wednesday a committee vote on a report recommending that Attorney General Bill Barr be held in contempt for failing to turn over an unredacted version of special counsel Robert Mueller’s report. FOX News Analyst, Juan Williams joined FOX News Talk's Benson & Harf to discuss.

When did the Judiciary Committee vote in Bolten and Miers?

In the case of Bolten and Miers, the Judiciary Committee voted in March 2007 to subpoena information tied to the resignation of U.S. attorneys, but the panel didn’t issue the subpoenas for months. The White House exercised executive privilege over information Miers may have held. At that point, Miers was a private citizen, having left her position in the administration.

Did John Boehner say Holder's actions constitute a crime?

Not surprisingly, the Obama Justice Department told then-House Speaker John Boehner, R-Ohio, that Holder’s actions did “not constitute a crime, and therefore the Department will not bring the Congressional contempt citation before a grand jury.”

Did the DOJ have to produce documents?

In the Holder-Fast and Furious matter, the courts held that the DOJ had to produce certain documents, but many House Republicans said they weren’t happy with the end product.

Who is the senior political analyst at Fox News?

Fox News senior political analyst Brit Hume points to the example of Republicans holding then-Attorney General Eric Holder in contempt: 'It didn't do anything.'

What did Eric Holder do after he graduated from Columbia Law School?

After graduating from Columbia Law School, Holder joined the U.S. Justice Department 's new Public Integrity Section, where he worked from 1976 to 1988. During his time there, he assisted in the prosecution of Democratic Congressman John Jenrette for bribery discovered in the Abscam sting operation. In 1988, Ronald Reagan appointed Holder to serve as a judge of the Superior Court of the District of Columbia.

Why is it so difficult for the Justice Department to bring criminal charges when they are suspected of crimes?

On March 6, 2013, Holder testified to the Senate Judiciary Committee that the size of large financial institutions has made it difficult for the Justice Department to bring criminal charges when they are suspected of crimes, because such charges can threaten the existence of a bank and therefore their interconnectedness may endanger the national or global economy. (See financial contagion ). "Some of these institutions have become too large," Holder told the Committee, "It has an inhibiting impact on our ability to bring resolutions that I think would be more appropriate."

What did Eric Holder do in 2004?

In 2004, Holder helped negotiate an agreement with the Justice Department for Chiquita Brands International in a case that involved Chiquita's payment of "protection money" to the United Self-Defense Forces of Colombia (AUC), a group on the U.S. government's list of foreign terrorist organizations. In the agreement, Chiquita's officials pleaded guilty and paid a fine of $25 million. Holder represented Chiquita in the civil action that grew out of this criminal case. In March 2004, Holder and Covington & Burling were hired by Illinois Governor Rod Blagojevich to act as a special investigator to the Illinois Gaming Board. The investigation was subsequently canceled on May 18, 2004.

Why did Holder sue Arizona?

In July 2010, after the DOJ reviewed the law, Holder filed suit against Arizona on the grounds that the state law is preempted by federal law. Holder was quoted as saying, "I understand, first off, the frustration of the people of Arizona and the concerns that they have with regard to the amount of illegal immigration that occurs, but the solution that the Arizona legislature came up with is inconsistent with our federal Constitution."

Why did the ISSA draft a resolution against Holder?

In April 2012, Issa announced that his committee was drafting a Contempt of Congress resolution against Holder in response to the committee allegedly being "stonewalled by the Justice Department" on additional documents.

How many leak cases did Holder have?

Under Holder's leadership, the Department of Justice brought six leak-related prosecutions against current or former U.S. government employees, while all previous Presidential administrations combined had tried a total of three such cases. Holder was reportedly "surprised" by news reports pointing out this statistic, and was said to have told associates that he did not wish to have leak prosecutions be his legacy. Several prominent leak prosecutions under Holder involved communications between criminal defendants and journalists, and the pervasive use of traceable electronic communications between journalists and their sources provided the prosecution with a tool to determine the potential origin of published information. Under Holder, the Justice Department argued that journalists had no legal protection to maintain the confidentiality of their sources, and can be compelled by the government to reveal them, or potentially face criminal contempt charges. On September 17, 2018, the Freedom of the Press Foundation obtained documents regarding the use of FISA courts to spy on journalists.

When did Eric Holder step down?

Holder stepped down from the bench in 1993 to accept an appointment as United States Attorney for the District of Columbia from President Bill Clinton. He was the first Black American U.S. Attorney in that office.

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