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DOJ says it won't prosecute Barr, Ross after criminal contempt vote

The Department of Justice (DOJ) said Wednesday that federal prosecutors will not prosecute Attorney General William BarrBill BarrVanita Gupta will fight for all as associate attorney general Political land mines await Garland at DOJ Politics in the Department of Justice can be a good thing MORE and Commerce Secretary Wilbur RossWilbur Louis RossFormer Trump officials find tough job market On The Money: Retail sales drop in latest sign of weakening economy | Fast-food workers strike for minimum wage | US officials raise concerns over Mexico's handling of energy permits US officials raise concerns over Mexico's handling of energy permits MORE following a House vote to hold the officials in contempt for failing to comply with congressional subpoenas.

“The Department of Justice’s long-standing position is that we will not prosecute an official for contempt of Congress for declining to provide information subject to a presidential assertion of executive privilege,” Deputy Attorney General Jeffrey Rosen wrote in a letter to Speaker Nancy PelosiNancy PelosiPelosi says Capitol riot was one of the most difficult moments of her career Hillary Clinton calls for women to 'repair' COVID-19's 'damage' on women's rights Republicans' stonewall forces Democrats to pull bill honoring Capitol Police MORE (D-Calif.).

The House had rebuked the Trump Cabinet members by passing a criminal contempt resolution earlier this month, largely along party lines. However, it was widely presumed that the Justice Department would not pursue a criminal referral against the top DOJ official.

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The full House vote came after the House Oversight and Reform Committee subpoenaed the Commerce and Justice departments earlier this year for documents relating to since-abandoned efforts to put a citizenship question on the 2020 census.

The panel voted largely along party lines last month to hold Barr and Ross in contempt for failing to comply with those subpoenas. The agencies told lawmakers shortly before the vote was scheduled to be held that President TrumpDonald TrumpTrump vows 'No more money for RINOS,' instead encouraging donations to his PAC Federal judge rules 'QAnon shaman' too dangerous to be released from jail Pelosi says Capitol riot was one of the most difficult moments of her career MORE had asserted executive privilege over the requested documents.

Rosen pointed to Trump's assertion of executive privilege in his letter to Pelosi on Wednesday. And he highlighted DOJ declining to prosecute officials during previous administrations, such as former Attorney General Eric HolderEric Himpton HolderCongress in lockdown: Will we just 'get used to it'? Biden meekly gives Saudi crown prince 'one free murder' pass on Khashoggi LIVE COVERAGE: Senate set to consider Garland for AG MORE after the House voted to hold him in contempt in 2012.

“Consistent with this long-standing position and uniform practice, the Department has determined that the responses by the Attorney General and the Secretary of Commerce to the subpoenas issued by the Committee on Oversight and Reform did not constitute a crime, and accordingly the Department will not bring the congressional contempt citations before a grand jury or take any other action to prosecute the Attorney General or the Secretary,” Rosen wrote.

The Hill has reached out to the offices of House Oversight and Reform Committee Chairman Elijah CummingsElijah Eugene CummingsBottom line House Democrats reintroduce bill to reduce lobbyist influence Trump voters and progressives have a lot in common — and Biden can unite them MORE (D-Md.) and Pelosi for comment.

The announcement came on a busy news day, shortly after former special counsel Robert MuellerRobert (Bob) MuellerWhy a special counsel is guaranteed if Biden chooses Yates, Cuomo or Jones as AG Barr taps attorney investigating Russia probe origins as special counsel CNN's Toobin warns McCabe is in 'perilous condition' with emboldened Trump MORE wrapped up his highly anticipated testimony before a pair of House panels on Capitol Hill.

The Trump administration's efforts to add a citizenship question to the 2020 census were long challenged by Democrats and advocacy groups, who argued that the question's addition would lead to an undercount of the population, particularly for immigrant and minority communities.

The matter was challenged in several federal courts, and the Supreme Court ruled 5-4 last month that the question couldn’t be added to the census under the administration's rationale that it would help to enforce the Voting Rights Act, reasoning the high court called "contrived."

While Trump initially signaled that he would still try to get the question on next year’s census, he ultimately gave up the effort. He instead announced an executive order directing federal agencies to provide information on citizenship to the Commerce Department.