White House: Holder won't be prosecuted for contempt

Updated 4:00 p.m. ET

(CBS News) One day after the House voted to hold Attorney General Eric Holder in contempt of Congress for failing to provide documents relating to the Fast and Furious gunwalking program, White House spokesperson Jay Carney said the criminal prosecution of the contempt charges will not move forward.

"The prosecution will not take place in this circumstance," Carney said during a press gaggle aboard Air Force One en route to Colorado. He said the president's assertion of executive privilege over the related documents makes the matter moot.

The contempt charge does not address the controversial Bureau of Alcohol, Tobacco, Firearms and Explosives' Fast and Furious operation itself, which allowed more than 2,000 weapons to fall into the hands of suspected traffickers for Mexican drug cartels. Instead, it concerns subpoenaed documents the Justice Department is withholding from Congress that cover a period after the operation ended.

In a letter sent to the House Speaker John Boehner, Deputy Attorney General James Cole confirmed that Justice would not move forward with contempt prosecution.

"Across administrations of both political parties, the longstanding position of the Department of Justice has been and remains that we will not prosecute an Executive Branch official under the contempt of Congress statute for withholding subpoenaed documents pursuant to a presidential assertion of executive privilege," the letter read.

The letter sighted the same justification used when the House brought contempt charges on two Bush administration officials.

Stan Brand, partner at Brand Law Group, told CBS News that attorneys general for the past three decades have interpreted the president's use of executive privilege as both a way to protect information and a way to protect against possible criminal charges.

The Justice Department is responsible for opening a criminal contempt case. Since Holder heads that department, it was widely suspected that the department would not move forward with prosecution.

Carney offered his support of Holder, saying he will continue "his excellent work" as attorney general. Carney added that the entire proceeding is "pure politics." This is the first time the House of Representatives has found a cabinet member in contempt.

Complete coverage of Fast and Furious

In addition to the criminal contempt charges, the House also voted on Thursday on civil contempt charges. The civil charges could head to federal court where it would go through the normal rules and procedures and could take years to litigate.

The court could rule that Holder has to comply with the House's demands in providing the documents, comply in part or not at all.

When Democrats voted in 2008 to hold President George W. Bush's White House counsel Harriet Miers and chief-of-staff Josh Bolton in contempt, the courts ruled on the case after Mr. Bush had already left office.

Holder has testified before Congress nine times and turned over thousands of pages of documents. But Republicans investigating the scandal say the answers to many outstanding questions could lie in tens of thousands of pages of documents the Justice Department has declined to turn over, under the claim that they're part of the internal deliberative process or ongoing investigations.

Reporting by CBS News Radio White House correspondent Mark Knoller

[infantryman1968]

White House: Holder won't be prosecuted for contempt


LOL!


until next January..........

[kathymac06]

This Obama administration continues to pick and choose what laws it wants to abide by. Contemptible is certainly the perfect word to describe them.

[JWinATL]

Ben-Jordon - it is not hate! It is fact. Anytime someone disagrees with a liberal/progressive they are either haters or racists. Can't be a case of simple disagreement or demonstration of facts. Nope - not to you guys.

[stormerF69]

So now the White House is Judge and Jury? When they claim no blame or involvement in this mess?

[marychgo]

However much the posters here and Rep. Issa hyperventilate, the Fast & Furious "scandal" is political posturing.

Why do you (and Issa) get hysterical about the 1,400 guns F&F lost track of and not care at all about the 66,000+ OTHER U.S. guns that found their way into the hands of the drug cartels?

No one -- including Holder -- questions that F&F was a foolish, misbegotten operation. Everyone -- including Holder -- regrets that Brian Terry and an unknown number of Mexican citizens were killed by the guns it allowed to "walk." But that doesn't mean Holder, Obama, or other government employees committed crimes.

"Executive privilege" applies to ALL elements of the executive branch of government, not just to the Oval Office, and EVERY Attorney General has, not just the right, but the obligation to protect documents that are "part of the internal deliberative process or ongoing investigations" from inappropriate release.

[michaelz06]

You know, you make valid points....to a large extent it is political posturing, etc, etc. What remains ironic though, is how far this administration has moved away from all that hope, change, and "transparency" they campaigned on. And then there is all that "political posturing" they and other Democrats do....are you equally prepared to call them out on that?

[michaelz06]

BenJordon, first, calling anyone who doesn't agree by a disparaging name has unfortunately become all too common of a response from the left....quite sad. Second, most of the docs turned over were so heavily readacted as to be useless. Your "facts" have similar holes. The economy remains in the toilet, and the original causes of that cannot be placed exclusively at "W"s door. Both parties participated. I could go on, particularly with the overreaches of the healthcare act, but I doubt if you would get it....see you at the polls.

[Ulgnud]

Of course they won't prosecute. Probably too many skeletons in the closet that would be exposed. Someone wants to be re-elected.

[1stlttightwad]

My question is why has someone not been charged with accessory to murder..When you give a gun to someone that you KNOW is about to kill,rob, rape, or maim..YOU are an accessory to murder...are you not?

[RollotheNorman]

And what about Vince Foster? What did the President know about that? Opps wrong Prez. Anyhow, go feast you right wing peepers on this:

http://features.blogs.fortune.cnn.com/2012/06/27/fast-and-furious-truth/

[marychgo]

Gee, tightwad, who within the Obama administration "(gave) a gun to someone that you KNOW is about to kill,rob, rape, or maim"?

[chrisloss]

Shame on the House Republicans for serving up this bogus witch hunt meant to intimidate Eric Holder. It is an abuse of the system and a disgusting display of bullying! For all of you leaving comments about how Eric Holder should be prosecuted...ignorant!!! The House Republicans are not doing one thing to help the American people, and the American people will hold THEM in contempt. Shame! Shame! Shame!

[1stlttightwad]

Yes, this all political theater brought about during an election cycle....Sorry chrisloss,wake up, this investigation has been going on for get this, are you ready...EIGHTEEN MONTHS!!!.It didn't JUST start.

[michaelz06]

Sorry chrisloss, but there are many, many of us who not only hold Holder in contempt, but the entire administration, for a variety of reasons. And then there is the Democrat controlled Senate.....bottom line, you vote your opinion, we will vote ours. Can't wait to see how it turns out this time.

[TJphoto]

There has never been an Attorney General under a Republican Administration who has committed a crime. Pass the prozac please. (Ashcroft under Bush who fired US Attorneys for political reasons, John Mitchell who planned the Watergate break in) Hello Obama Bashers.

[1stlttightwad]

Looks like the deputies won't arrest the crooked sheriff..It's going to take some concerned person inside the ATF, FBI,or Justice Dept that has a conscience and the knowledge to blow this out of the water. If you know something and do nothing, you too are an accessory to this agents death.

[eroteme2]

Surprise! Surprise!!