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DOJ shields Holder from prosecution after contempt vote

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    Justice Department not pursuing prosecution

  • Duration 5:44
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A handful of Democrats joined Republicans in voting to hold attorney general holder in contempt.

For not turning over the key documents to the -- relating to the -- staying officials say fast and furious.

Was supposed to track thousands of guns from the United States to drug cartels in Mexico.

But investigators say the feds did not track hundreds of those weapons -- of them turned up at the scene of a murder of the US Border Patrol agent by the name of Brian.

Terry Mike Emanuel is live on Capitol Hill with more Mike.

And we just got this breaking news.

Didn't take a long to say.

-- not gonna prosecutor our boss.

Eric Holder.

-- exactly right Reagan and house Republicans are pretty much expecting that in that letter from the deputy attorney general.

To that house Republicans to speaker John Boehner.

They said that they don't believe attorney general holder's actions related to fast and furious constitutes a crime and so therefore they're not gonna go forward.

And prosecuted him but of course the house Republicans have another option more on that in a moment but a key house Republican and talked about.

What's at stake.

We got a -- Border Patrol agent 200 -- Mexicans thousands of weapons missing.

I mean think about it the federal government purposely and knowingly.

Gave that drug cartels 2000.

Weapons mostly AK 47 and we're just both the -- away and not not pursue this.

That's just not gonna happen.

-- house Republicans also did a civil contempt resolution and sell it looks like this'll be solved by a lawsuit going to court.

And trying to force the Department of Justice drive those documents -- you know we've got a couple of legal pros are gonna weigh in on -- in just a moment but.

What's the White House saying money.

-- they're standing up for the attorney general saying he's doing a great job and Jay Carney also provided this comment quote.

It is an established principle dating back to the administration of president Ronald Reagan.

That the Justice Department does not pursue prosecution.

In a contempt case.

When the president has asserted executive privilege so Carney today explaining that letter that the deputy attorney general sent to you house Republicans saying.

They're not gonna prosecute the attorney general -- Mike Emanuel live on Capitol Hill.

Mike thanks very much again breaking news we got to.

From a source.

Not from the Department of Justice but the letter advising members of congress.

Were not how to prosecute the attorney general.

Former prosecutor and Fox News legal analyst Arthur a dollar joins us in criminal defense attorney and Fox News legal analyst Mercedes -- does as well look -- -- this was -- a no brainer I suppose Arthur I mean after all.

It would have been the US attorney in DC we have this picture let's put up on the screen Ronald may -- junior.

He would have presented this to a grand jury but he's not -- to do that and one wonders is that because.

His boss he is Eric Holder and he was appointed by the president.

Well let's talk about precedents is your -- of the United States Supreme Court so much.

President dictates that this was used in 2007.

When it was Josh Bolten who was that they -- at the time that you just have to the president United States.

And -- seen it like Harriet Miers and -- -- correct and it is a very similar situation in terms of the contempt vote and how the idea of the these sanctions and the prosecution -- after.

And basically the did the United States attorney's office the Barbara just as they look.

-- -- That goes back a long time in 1984.

Okay Ted Olson.

Federal -- that wrote the decision correct highly regarded among conservatives.

Right ITV and he's he was a Democrat that.

Mineral Ted Olson was a Republican highly regarded among -- these these high highly regarded puree again vision and he's good.

Scholars so to speak of the Bethpage but he was the legal counsel they don't.

The bottom line is if you're acting I'm sorry -- -- If -- -- -- under the executives orders in the president's orders and he's telling you I mean I'm invoking my privilege right the individual just following directive of the president.

It happened.

-- exciting to Bolten miers precedent.

Basically you know the attorney general at that time wrote to Nancy Pelosi and said stuff that we're not gonna prosecute people.

And -- I know they did but what frankly -- you can't turn around and say I have privilege -- -- -- immunity this is something you cannot challenge my actions.

We -- in this country can you be subpoenaed to come before congress to submit documents and the response speak on not.

Everybody else's help to the same standard we are all litigators sitting around here you bring a subpoena US for document you comply with it they'll sanctions apply.

We're seeing I would this year they're next year that congress is actually go to federal judge civil contempt of force.

The attorney general would hand over documents to who wins that one exactly where I frankly a federal judge won't -- on the line on the limb and say I am appointed for life I have no constituents I have no issues.

I'm going to follow the letter of the law.

And I can't and in May require any deal in law and that battling Zetterberg that's exactly what we -- to -- You don't with a lifetime appointment you don't have to worry about that they're going to follow political and frankly know -- to.

Craig mainly turn around the judge -- let me see that document that you would.

To assert executive Eric isn't there a lot of I -- is getting hit again examination I like that he's.

But these have hog whoever's got -- and that's one of distraction.

Right on a federal judge -- In any of these days there's no we're gonna turn things it does though I don't what I wanna know is how does he select which federal judge -- the judge that was reported real I George W go.

It is it's -- -- and we also mentally ill be -- it just got.

I NTELOS NTELOS to you now -- they're telling you is that what you're -- so I that's got to do got to DC and it's going to be it's not exactly right.

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