The 230-198 vote to hold Barr and Ross in criminal contempt of Congress is largely symbolic, as President Donald Trump’s DOJ will not act on the request.
The vote to hold Attorney General William Barr and Commerce Secretary Wilbur Ross in criminal contempt of Congress is largely symbolic, as President Donald Trump’s DOJ will not act on the request. | Alex Brandon/AP Photo
After his defeat at the Supreme Court, Trump backed down from the effort, instead issuing an executive order that allows federal agencies to gather citizenship data through other means.
Democrats have accused the Trump administration — and Ross in particular — of lying about the origins of the citizenship question, and they uniformly oppose it because they say it would result in an under-count in immigrant-heavy communities.
The Supreme Court last month blocked the Commerce Department from adding the controversial question to the census, with the court ’s majority arguing that the administration had not given a sufficient justification.
The House general counsel has already filed suit to obtain Trump’s tax returns from the IRS, and Democrats gearing up for court action to enforce the Judiciary Committee’s subpoenas for testimony from ex-Trump aides, including former White House Counsel Don McGahn and former communications director Hope Hicks.
In a letter to Speaker Nancy Pelosi (D-Calif.) ahead of Wednesday’s vote, Barr and Ross decried Democrats’ move to hold them in criminal contempt.
The House Judiciary Committee has voted to hold Attorney General William Barr in contempt of Congress after the Trump administration invoked executive privilege over the contents of the Mueller report.
U.S. Attorney General William Barr testifies before the Senate Judiciary Committee on Capitol Hill on May 1. The House Judiciary Committee voted Wednesday to hold him in contempt of Congress, pushing the resolution to the full House.#N#Nicholas Kamm/AFP/Getty Images hide caption
A Justice Department letter sent Tuesday night said releasing that information "would force the department to risk violating court orders and rules in multiple ongoing prosecutions, as well as risk the disclosure of information that could compromise ongoing investigations."
White House press secretary Sarah Sanders tweeted that "Faced with Chairman Nadler's blatant abuse of power, and at the Attorney General's request, the President has no other option than to make a protective assertion of executive privilege."
It's not clear how the Trump administration can argue that the contents of the Mueller report can be subject to executive privilege as the vast majority of it has already been made public and a published version is in fact a bestseller.
As debate began on the contempt resolution, Assistant Attorney General Stephen Boyd released a letter to Nadler, "to advise you that the President has asserted executive privilege over the entirety of the subpoenaed materials."
Nonetheless, Barr and the Justice Department now say that the privilege shields the material that Nadler wants, one day after the White House threatened to invoke it to block former White House counsel Don McGahn from turning over documents in answer to a committee subpoena.
House of Representatives voted to hold Attorney General William Barr and Secretary of Commerce Wilbur Ross in criminal contempt of Congress for defying bipartisan subpoenas authorized by the Committee on Oversight and Reform and withholding key documents regarding the Trump Administration’s illegal pretext for adding a citizenship question to the 2020 Census.
The President’s statements directly contradict Secretary Ross’ sworn testimony that the only reason the Trump Administration wanted this data was to help the Justice Department enforce the Voting Rights Act.
We learned that Secretary Ross ignored warnings from experts inside and outside the Census Bureau—including the Bureau’s Chief Scientist—that adding a citizenship question would be costly and harm the accuracy of the Census.
Committee Democrats first asked for documents from the Department of Commerce and the Department of Justice when we were in the minority—in April and May 2018. Both Departments ignored us.
Below is a statement from Rep. Elijah E. Cummings, the Chairman of the Committee on Oversight and Reform, as prepared for delivery on the House floor:
I do not take this decision lightly. Holding any Cabinet Secretary in criminal contempt of congress is a serious and somber matter—one that I have done everything in my power to avoid.
Attorney General William Barr in criminal contempt of Congress for refusing to comply with a congressional subpoena regarding the Trump administration's prior push to add a citizenship question to the 2020 census.
Four Democrats — Jared Golden of Maine, Conor Lamb of Pennsylvania, Jeff Van Drew of New Jersey and Anthony Brindisi of New York — broke from party ranks to vote with Republicans against the contempt citations. Independent Justin Amash, the former Republican who became the first member of his former party to call for the president's impeachment, voted with Democrats in favor of contempt.
Republicans, meanwhile, accused the Democrats of rushing the oversight process and alleged that members were afraid of the investigations Barr has suggested he may initiate into surveillance practices under the Obama administration.
Later, Rep. Hank Johnson, D-Ga., said that once the committee obtains the documents it needs, it can move forward, including on the issue of impeachment, prompting Rep. Matt Gaetz, R-Fla., to shoot back that Democrats' efforts were all about impeaching the president.
Doug Collins, R-Ga., the committee's ranking member, said Democrats were acting in haste because they are "angry" that "the special counsel's report did not produce the material or conclusions they expected to pave their path to impeaching the president" — sullying Barr's reputation in the process.
"Nadler’s actions have prematurely terminated the accommodation process and forced the President to assert executive privilege to preserve the status quo ," spokeswoman Kerri Kupec said in a statement. "No one, including Chairman Nadler and his Committee, will force the Department of Justice to break the law.”
In a letter sent Tuesday night to Nadler after negotiations between committee lawyers and the Justice Department over accessing redacted portions of the report, Assistant Attorney General Stephen Boyd called the panel’s continued demands for materials “unreasonable” and urged them to delay Wednesday’s scheduled vote to initiate the contempt process.
When Republicans controlled the House in 2012, they voted to hold President Barack Obama’s attorney general, Eric Holder, in contempt over the administration’s failure to turn over documents. In 2014, a federal judge declined the committee’s bid to hold Holder in contempt of court.
Rep. Sheila Jackson Lee, D-Texas, said that the collapse of negotiations between Barr and the committee, as well as Trump's assertion of privilege, brought her to only one conclusion: "that the president now seeks to take a wrecking ball to the Constitution of the United States of America."