Could Eric Holder go to jail over ‘Fast and Furious?’

On Tuesday, frustrated House Oversight Committee Chairman Darrell Issa (R-CA) threatened to hold Attorney General Eric Holder in contempt of Congress if he did not turn over documents detailing the Justice Department’s notorious ‘Fast and Furious’ program.

Holder has thus far, refused to fully comply with the Committee’s subpoenas, and according to Issa has tried to “obstruct our investigation and deceive the public.”

Issa also made public, a letter written to Holder stating: “This committee will have no alternative but to move forward with proceedings to hold you in contempt of Congress…Your actions lead us to conclude that the department is actively engaged in a cover-up.”

Read the letter in its entirety: http://oversight.house.gov/images/stories/Letters/2012-01-31_DEI_to_Holder_re_Feb_4_deadline.pdf

The Attorney General has until February 9 to comply.

So what could Issa’s Committee do if Eric Holder does not comply?

Under current law, if a subpoenaed witness refuses to either produce certain documents or to testify, the Committee may cite the individual for contempt and refer the matter to the full chamber (in this case, the House of Representatives) for action.

If the House voted on and passed a resolution of to issue a contempt citation, then the Sergeant-at-Arms for the House would be tasked with arresting Holder.

The Attorney General would then be brought to the House floor to answer to the charges and then he could either be released or imprisoned.

The House has the power to either imprison the defendant as punishment or until the witness fully complies with the subpoena.

Either way, the witness may only be held in prison until the current session of Congress ends (January 2013).

So, the answer is yes…U.S. Attorney Eric Holder could go to jail if he does not cooperate with Congress’ investigation into his agency’s scheme which ultimately put assault rifles into the hands of Mexican drug cartels.

The last time a U.S. Attorney General was held in contempt of Congress occurred on August 6, 1998, after Janet Reno refused to turn over certain Clinton administration documents to the House Committee on Oversight and Government Reform. However, the full House did not consider the measure for a vote and the documents were eventually revealed during President Clinton’s impeachment.

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