WASHINGTON, June 28 (Reuters) - U.S. Attorney General Eric Holder was found in contempt of Congress on Thursday as the
Republican-controlled House of Representatives sanctioned the
nation's top law enforcement official for withholding some
documents related to a failed gun-running probe.
The mostly partisan vote of 255-67 marked the first time a
sitting attorney general and presidential Cabinet member was
cited for contempt by the full House. No Senate vote is
necessary in this House contempt citation.
Many Democrats refused to cast votes, and Democratic leader
Nancy Pelosi led dozens of her colleagues in a walkout from the
House floor in protest.
The fight over the Obama administration documents revolves
around "Operation Fast and Furious," a federal law enforcement
program intended to track weapons sold in Arizona that were
suspected of being transported to Mexico for use by violent drug
cartels.
In the end, 17 Democrats voted to support the contempt
charge, while two Republicans opposed it and 108 Democrats
refused to cast votes.
Reacting to the vote, White House Communications Director
Dan Pfeiffer called it "a transparently political stunt,"
despite Justice Department efforts to accommodate Congress.
Holder, in a statement released by the Justice Department,
noted that he had ordered an independent investigation of Fast
and Furious "as soon as it came to light" and said he "tried to
cooperate with the congressional investigation" but was
"rebuffed."
With the House vote, Holder said "an unnecessary court
conflict will ensue." He called the House investigation
"politically-motivated."
DOCUMENTS STILL SOUGHT
The House also voted 258-95 on a resolution asking U.S.
courts to force Holder to turn over documents being sought by
the House Oversight and Government Reform Committee as part of
its long-running investigation of Fast and Furious. That could
lead to a prolonged court fight with an uncertain outcome while
a judge weighs the House demand against the Obama
administration's claim of executive privilege to protect the
documents.
The unprecedented House rebuke of Holder was overshadowed by
the U.S. Supreme Court's upholding of Democratic President
Barack Obama's controversial healthcare law - a ruling that was
reverberating throughout the country.
Nevertheless, the House devoted much of its legislative
session on Thursday to a sometimes bitter debate over Holder's
role in Fast and Furious.
The Justice Department initially denied that a program was
being run that allowed some guns to "walk" into Mexico - a
contention it later retracted, raising Republican suspicions.
According to government figures, between 2007 and 2011, of
99,000 firearms recovered in Mexico and submitted to U.S. law
enforcement, more than 68,000 came from the United States. In
recent years, those weapons have shifted more and more from
handguns to high-powered rifles.
By early 2011, Fast and Furious had been terminated after
disclosures that federal agents had lost track of many of the
high-powered weapons, which subsequently were traced to crimes,
including the murder of a U.S. Border Patrol agent.
House Republicans and Democrats have engaged in arguments
all year over issues ranging from budget and taxes to
contraceptives. Thursday's debate was no exception.
Republican Representative Darrell Issa, the chairman of the
House Oversight and Government Reform Committee, called the
Arizona law enforcement operation "reckless."
Issa said the contempt vote was held "because when we asked
legitimate questions ... about Fast and Furious, we were lied
to. We were lied to repeatedly and over a 10-month period."
Pelosi accused Republicans of using the election-year
contempt charge to undermine Holder's efforts to combat voter
suppression in some states.
"This is something that makes a witch hunt look like a day
at the beach," Pelosi told reporters. "It is a railroading of a
(contempt) resolution that is unsubstantiated by the facts."
The tussle between the Obama administration and House
Republicans is over the release of a series of documents dating
from Feb. 4, 2011, when the Justice Department initially denied
that guns were being allowed to "walk" into Mexico.
The fight could jeopardize the jobs of some senior Justice
Department officials if Congress ultimately finds they were
hiding important information related to Fast and Furious.
Conversely, Republicans could be embarrassed if nothing
turns up and they devoted so much time and energy to the affair,
despite the need to help the struggling U.S. economy - the top
priority of voters in the run-up to the Nov. 6 presidential and
congressional elections.
HIGH-POWERED LOBBYING
The National Rifle Association, a powerful lobbying
organization that opposes gun regulation, has made the Holder
contempt move a top priority. It has warned all 435 House
members that a vote against the contempt citation would be a
black mark against them.
The NRA has argued that Fast and Furious was actually a
back-door move by the Obama administration to lay the ground for
new gun regulations by the Bureau of Alcohol, Tobacco, Firearms
and Explosives, which ran the southwest border gun-running
investigation.
Obama administration officials point out that the Justice
Department already has released more than 7,000 documents to
Issa's committee and that they showed that top officials in
Washington initially knew little about Fast and Furious, which
was hatched by law enforcement officials in Arizona.
House Democrats, meanwhile, have complained that Issa has
rejected their calls to investigate Bush administration gun
probes similar to Fast and Furious.
The fight between Republicans and Holder escalated last
week, after the White House exerted "executive privilege" over
the post-Feb. 4, 2011 documents, saying they were protected
communications that any administration needs as part of its
deliberative process.
In a partisan vote last week, Issa's committee charged
Holder with contempt after negotiations to resolve the dispute
failed. House Republican leaders immediately announced that the
full House debate and vote would come quickly.
While contempt of Congress charges generally are aimed at
forcing officials to produce information to Congress, legal
experts pointed out that they are very hard to enforce and this
action could bring months or years of litigation and stalemate.
(Reporting by Richard Cowan; additional reporting by Thomas
Ferraro and Donna Smith.)
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