WASHINGTON
Barring a last-minute deal, House Republicans plan historic votes today to hold Attorney General Eric Holder in civil and criminal contempt of Congress for refusing to turn over documents related to a bungled guntracking operation.
A sitting attorney general never has been held in contempt and Republicans picked an odd day to set a precedent. They scheduled the votes the same day the Supreme Court was deciding the legality of President Barack Obama’s health care law.
Passage of the contempt resolutions was not in doubt. Republicans control the House, and are likely to pick up Democrats who support the National Rifle Association. The NRA said it’s keeping score on how members vote, partly because the gun owners’ group believes the Obama administration wanted to use the program — called Operation Fast and Furious — to make the case for more gun control.
Rep. John Dingell, D-Mich., the longest serving House member and normally an NRA supporter, said Wednesday he would not back the contempt resolutions but instead wants the House Oversight and Government Reform Committee to conduct a more thorough investigation.
The criminal contempt resolution would send the matter to the U.S. attorney for the District of Columbia, who is under Holder. The civil contempt resolution would allow the House to go to court in an effort to force Holder to turn over documents the Oversight Committee wants. In past cases, courts have been reluctant to settle disputes between the executive and legislative branches of government.
The House is unlikely to get the documents anytime soon, because Obama has invoked a broad form of executive privilege, which protects from disclosure internal documents from executive branch agencies.
Republicans want to focus on the economy and health care in an election year. They’re hoping the diversion of holding the nation’s chief law enforcement officer in contempt will not muddle their message.
Democrats have kept up steady criticism, accusing the GOP majority of trying to embarrass the administration and rushing to judgment rather than putting more effort into a compromise that could give Republicans the documents they want.
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