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 first sitting Cabinet member to be held in contempt.
The criminal-contempt vote is supposed to direct a U.S. attorney to convene a grand jury to review the case and decide whether to indict Holder.
The vote, which holds the attorney general in criminal contempt, was followed by a second vote that held Holder in civil contempt of Congress. The civil contempt vote allows Congress to go to court to seek additional documents.
Minority Leader Nancy Pelosi argued House Republicans were more politically motivated in attacking Holder than getting to the bottom of the failed operation.
Several meetings involving Obama administration officials and House Republicans, which involved negotiations about releasing additional documents, failed to stop the contempt votes.
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.
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.
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.
Attorney general first sitting cabinet member to be held in contempt as 17 Democrats join Republicans to pass resolution. Eric Holder gave a statement after the vote and said the Republican leadership was engaging in 'election-year politics and gamesmanship'. Photograph: AP.
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.
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, ...
Eric Holder gave a statement after the vote and said the Republican leadership was engaging in 'election-year politics and gamesmanship'. Photograph: AP
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.".
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.
While Congress retains its "inherent contempt" authority and may exercise it at any time, this inherent contempt process was last used by the Senate in 1934 , in a Senate investigation of airlines and the U.S. Postmaster.
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.
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.
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.
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.
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).
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.
Successful criminal prosecution of contempt of Congress charges by the Justice Department have been rare. The last successful prosecution was during the Watergate era , when a judge found G. Gordon Liddy guilty in 1974, according to Reuters and Politico.
Stan Brand , the former House counsel who helped build a 1983 case of criminal contempt of Congress, said political alignment between Congress and the White House matters little in the decision to prosecute those cases.
House Democrats voted in 2019 to hold former Attorney General William Barr in contempt after the Trump administration refused to supply lawmakers with an unredacted copy of special counsel Robert Mueller’s report into alleged Russian interference in the 2016 presidential election. Mueller was appointed by then-Deputy Attorney General Rod Rosenstein in 2017 to oversee an investigation into the matter.
Lavelle already had been fired by President Ronald Reagan, and the House unanimously referred her for contempt of Congress. The Justice Department later indicted Lavelle.
President Donald Trump's former chief strategist Steve Bannon speaks with reporters in New York on Aug. 20, 2020.
Goodman and Eggleston agreed that Bannon’s position as an outsider who was not working at the White House on Jan. 6 when rioters stormed the Capitol is significant.
In 2008, House Democrats voted to hold former White House counsel Harriet Miers and chief of staff Josh Bolten in contempt after the White House – under President George W. Bush – directed them not to hand over subpoenaed documents related to a congressional investigation into the firing of several U.S. attorneys. The case was not settled until Congress was granted access to some of the documents Miers was allowed to submit in sworn testimony under the Obama administration.