The House voted Thursday to place Attorney General Eric HolderEric H. HolderOvernight Tech: Senate moving to kill FCC's internet privacy rules | Bill Gates pushes for foreign aid | Verizon, AT&T pull Google ads | Q&A with IBM's VP for cyber threat intel Uber leadership sticking by CEO Top Dems prep for future while out of the spotlight MORE in contempt of Congress for not complying with a congressional subpoena.
Seventeen Democrats bucked party lines and voted with Republicans to pass a criminal contempt resolution in a 255-67 vote. House Oversight and Government Affairs Committee Chairman Darrell Issa (R-Calif.) pushed that resolution as part of his 16-month investigation into the botched "Fast and Furious" gun-tracking operation.
The two Republican "no" votes were Reps. Steve LaTourette (Ohio) and Scott RigellScott RigellGOP rushes to embrace Trump GOP lawmaker appears in Gary Johnson ad Some in GOP say Trump has gone too far MORE (Va.). Rep. Dan Lipinski (D-Ill.) was the only "present" vote from either party.
Democrats voting for the resolution were Reps. Jason Altmire (Pa.), John BarrowJohn BarrowDem files Ethics complaint on Benghazi panel Barrow thanks staff in farewell speech The best and the worst of the midterms MORE (Ga.), Dan Boren (Okla.), Leonard Boswell (Iowa), Ben Chandler (Ky.), Mark Critz (Pa.), Joe DonnellyJoe DonnellyThe Hill’s Whip List: Where Dems stand on Trump’s Supreme Court nominee Senators introduce new Iran sanctions Senate Dems: We won't help pass additional health bills MORE (Ind.), Kathy Hochul (N.Y.), Ron KindRon KindHouse GOP campaign arm targets Democrats over ObamaCare anniversary Here's how Congress can get people to live healthy lifestyles House Democrats identify vulnerable incumbents for 2018 cycle MORE (Wis.), Larry Kissell (N.C.), Jim MathesonJim MathesonWork begins on T infrastructure plan New president, new Congress, new opportunity First black GOP woman in Congress wins reelection MORE (Utah), Mike McIntyre (N.C.), Bill Owens (N.Y.), Collin Peterson (Minn.), Nick RahallNick RahallWest Virginia is no longer Clinton country Solution needed: Rail congestion is stifling economic growth Lobbying World MORE (W.Va.), Mike Ross (Ark.) and Tim Walz (Minn.).
The Department of Justice is not expected to enforce the criminal contempt measure against Holder. But less than an hour later, the House also passed a separate resolution allowing Issa's committee to pursue civil court action against Holder.
That second resolution could lead to a lengthy court battle if Issa pursues civil action against Holder.
The House approved the civil resolution in a 258-95 vote that saw 21 Democrats vote with Republicans, and just 70 Democrats skip the vote.
In between votes, LaTourette told The Hill he would vote in favor of the civil contempt citation, but thought finding Holder in criminal contempt was a step too far at this point.
"I was going back and forth," he said. "While I certainly think the attorney general should hand over what he's been asked to hand over, I think the second vote takes care of it ... to initiate a civil proceeding and have a judicial order. Criminal contempt is a big step, and I thought the first step should be taken before the second step."
While 17 Democrats sided with Republicans in the main contempt vote, it was met with outrage from Democrats. The Congressional Black Caucus (CBC), joined by Minority Leader Nancy Pelosi (D-Calif.) and many other Democrats, staged a walkout during the vote as Democrats charged the GOP with staging a witch hunt against Holder that demeans the lower chamber.
Pelosi said during the debate that she would join the walkout, and told Democrats it's up to them whether to stay and vote against the resolution, or leave.
"So now I say to those who have a doubt about how they want to proceed, that instead of doing what I said before — which was just to come and to treat this as a bill before the Congress and express my 'no' — listening to the unconscionable presentation, I want to join my CBC colleagues in boycotting the vote when we have the walkout after we have the debate," she said.
Several other Democrats also charged Republicans with making political hay against the Obama administration to help them in the November elections.
"When the history of this despicable proceeding is recorded, it will be said that your actions were politically motivated to discredit and defeat a president who has worked so hard over the past three years," Rep. G.K. ButterfieldG.K. ButterfieldFCC defends not fighting legal challenge to prison call rates A guide to the committees: House 40 House Dems to urge Trump to suspend Flynn MORE (D-N.C.) declared on the House floor during debate on the rule.
But Republicans decried Holder's refusal to hand over documents relating to the Justice Department's reaction to Operation Fast and Furious as nothing less than a "cover-up," and pointed to President Obama's assertion of executive privilege over the material as evidence of the administration's lack of transparency.
House Speaker John BoehnerJohn BoehnerTrump, GOP fumble chance to govern ObamaCare gets new lease on life Ryan picks party over country by pushing healthcare bill MORE (R-Ohio) made a rare appearance on the floor to call for support for the resolution.
"I don't take this matter lightly, and I frankly hoped it would never come to this," BoehnerJohn BoehnerTrump, GOP fumble chance to govern ObamaCare gets new lease on life Ryan picks party over country by pushing healthcare bill MORE said about an hour before voting started.
"But no Justice Department is above the law, and no Justice Department is above the Constitution, which each of us has sworn an oath to uphold," he said. "So I ask the members of this body to come together and to support this resolution."
Before the final vote, the House rejected a motion from Rep. John Dingell (D-Mich.) to recommit the resolution to Issa's committee. That motion failed 172-251, after which dozens of Democrats left the chamber.
As chairman of the House Oversight and Government Reform Committee, Issa has led Congress's investigation of Fast and Furious, which oversaw the sale of nearly 2,000 firearms to straw buyers for Mexican drug cartels.
Issa was initially concerned with uncovering who was responsible for allowing guns to "walk" during the operation. But he recently switched the primary concentration of his probe to focus on the DOJ's internal communications after the details of the operation were made public.
At the center of the feud between the DOJ and Issa is a letter the department sent last year to Sen. Chuck GrassleyChuck GrassleyGOP senators pitch alternatives after House pulls ObamaCare repeal bill Friends, foes spar in fight on Trump’s Supreme Court nominee Live coverage: Day three of Supreme Court nominee hearing MORE (R-Iowa) stating that it does everything in its power to stop guns from going to Mexico. Ten months later, the DOJ took the rare step of withdrawing the letter because it contained false information.
Nearly two months before the DOJ rescinded the letter, Issa subpoenaed Holder for documents related to the fallout that the letter's misinformation had caused.
But after turning over about 7,600 pages of documents to Issa on Fast and Furious, the Attorney General has refused to comply with the remainder of the subpoena, stating that much of the requested information would jeopardize ongoing prosecutions and criminal cases if made public.
After attempts at negotiating a compromise failed last week, the president — at Holder's urging — asserted executive privilege over the documents in question.
The DOJ's inspector general has been investigating the failed operation for more than a year as well. And Issa says he should have access to the roughly 80,000 documents that the IG has received from the DOJ.
— Russell Berman contributed.
— This story was update at 5:35 p.m. to reflect the second vote.