Updated at 3:15 p.m.
The House Committee on Oversight and Government Reform filed a civil complaint today against Attorney General Eric Holder Jr., just over a month after the House of Representatives voted to find Holder in contempt of Congress for not turning over documents about the botched Operation Fast and Furious gun-smuggling sting operation.
The June 28 vote gave Congress authority to hire counsel and go to court in an attempt to force the DOJ to turn over documents in question. The 41-page
complaint (PDF), filed this morning in U.S. District Court for the District of Columbia, chastised Holder for his "contumacious refusal" to comply with a subpoena and sets the stage for a court battle over the scope of executive privilege.
"The Attorney General's response to the Holder Subpoena has been consistent with the Department's overall response to the Committee's investigation: slow and woefully incomplete," the committee alleged in the complaint, which was filed by House General Counsel Kerry Kircher.
Committee Chairman Darrell Issa (R-Calif.) first announced in a tweet last night that the committee would be filing a complaint related to Fast and Furious, an operation in which federal agents allowed straw buyers to purchase firearms in the United States and transport them to Mexico.
The lawsuit, filed in U.S. District Court for the District of Columbia, is the latest move by Issa and the Republican-led committee to dig in to the details of the Fast and Furious operation, especially about how and when Holder and other department officials learned about the controversial tactics involved. Republicans are also seeking information about how the department's knowledge of the operation "evolved" after February 4, 2011, when the department gave information to Congress that it later rescinded.
The committee first subpoenaed DOJ for documents related to Fast and Furious more than 19 months ago. That subpoena, according to later releases from Issa, asked the department to produce documents in 22 categories related to Fast and Furious.
The department did release thousands of pages of documents, but Republicans have accused officials of withholding key documents.
Contempt proceedings began in June after lawmakers failed to reach an agreement with Holder and the department over additional document disclosures. On June 20, just before the committee voted, the White House asserted executive privileged over the documents in question.
On June 28, Congress voted along partisan lines to find Holder in contempt.
In the complaint, the committee challenged the use of executive privilege, arguing that "there has been no suggestion that the documents at issue implicate or otherwise involve any advice to the President," and also that the Justice Department's actions didn't "involve core constitutional functions of the President."
In a statement, Issa said that President Barack Obama had "exceeded his authority" in asserting executive privilege. "After promising an unprecedented level of transparency, the President is attempting to expand the reach of executive privilege to obstruct the truth about the reckless conduct that contributed to the death of a Border Patrol Agent and countless Mexican citizens," Issa said, referring to the death of border patrol agent Brian Terry, whose killing was linked to the Fast and Furious operation.
In an email, Justice Department spokeswoman Tracy Schmaler said that: "We were always willing to work with the Committee, instead the House and the Committee have said they prefer to litigate."
In a statement, Rep. Elijah Cummings (D-Md.), the committee's ranking Democrat, said that it "seems clear that House Republican leaders do not want to resolve the contempt issue and prefer to generate unnecessary conflict with the Administration as the election nears."
Cummings added: "Unfortunately, the American public suffers as House Republicans disregard the real work that needs to be done."
The case is assigned to U.S. District Judge Amy Berman Jackson.
I am a volunteer for the Darrell Issa's opponent, Democrat Jerry Tetalman. Many of us in California's newly drawn 49th congressional district are working hard to dismiss Issa from his congressional seat so that the Congress can better-off support Obama, in particular, with a jobs bill to help the middle-class. However, voter suppression is the dirty trick of the GOP because they don't have a chance in a fair contest because their platform is regressive. In my mind, voter suppression is a criminal action by any who attempt this and that Darrell Issa has a poor character who is a shill for corporate power. I know Jerry Tetalman to be honest, intelligent and of good character. He is also fiscally responsible and has appealed to many Republicans who have had enough of the radical right and their fear tactics. I am appealing for additional support to help us get the undecided voters in our district to know that they have a sane alternative. Please check his website at JerryforCongress2012.com and additionally, Youtube has some of his issue speeches. Let's take our country back from the National Rifle Association also.
Posted by: Mollysnature | August 14, 2012 at 02:12 AM
Nonsense that the author has to approve comments which she wont since shes in the tank for Holder/Obama.
First off Holder has witheld THOUSANDS of pages of documents and has been uncooperative for almost 18 months which was way before the election.Its Holders fault and no one elses.
Congress isnt in session so Cummings bogus arguement about GOP holding up business is BS.But hes a Dem so you print it.
No other person or agency could get away with ignoring a subpeopna but Zoe seems to be OK with it cause its Obamas guy.
Many people died because of this failed OP but no one cares cause it may hurt Obama and his re election chances.SICK.
If a Republican was pulling this garbage there would be outrage but Holder gets away with it.Your bias is asrounding and doesnt have any place in the law.You guys are a joke !!!
Posted by: Fowlero | August 13, 2012 at 06:06 PM