DOJ won't prosecute Holder

The Justice Department announced on Friday that it will not prosecute Attorney General Eric HolderEric H. HolderDem rep: Jim Crow's 'nieces and nephews' are in the White House Obama to attend Pittsburgh Steelers owner's funeral Ex-Uber employee who spurred sexual harassment probe to lead new publication MORE for contempt of Congress.

Holder heads the department.

Deputy Attorney General James Cole said in a letter to House Speaker John BoehnerJohn BoehnerLobbyists bounce back under Trump Business groups silent on Trump's Ex-Im nominee Chaffetz won't run for reelection MORE (R-Ohio) that Holder’s response to a congressional subpoena “does not constitute a crime” and that the department will not convene a grand jury.

The move by the DOJ was anticipated as it has been the practice of administrations from both parties not to prosecute their administration officials who are placed in contempt.

In 2008, two senior White House officials under then-President George W. Bush were held in contempt of Congress for their refusal to turn over documents. The DOJ declined to prosecute them, instead forcing Congress to take direct action in federal court, where it eventually won a verdict giving lawmakers access to the documents.

A similar course of action is expected to take place between the Holder and the House Oversight and Government Reform Committee, which is seeking internal DOJ documents regarding to the botched gun-tracking operation, "Fast and Furious."

Cole’s announcement was in relation to a criminal contempt resolution that passed the House on Thursday. The committee’s next course of court action has been paved by a separate civil contempt resolution also passed on Thursday. Committee Republicans have been in discussion with the House general counsel about how and when to bring their legal case.