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 BarrWilliam Pelham BarrFive things to watch in Russia probe review Trump, GOP shift focus from alleged surveillance abuse to Durham Russia probe Trump: Giuliani to deliver report on Ukraine trip to Congress, Barr MORE and Commerce Secretary Wilbur RossWilbur Louis RossSpace race is on: US can't afford congressional inaction in this critical economic sector Trump escalates fight over tax on tech giants The Hill's Morning Report - Intel panel readies to hand off impeachment baton 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 PelosiDemocrats gear up for high-stakes Judiciary hearing White House, Democrats strike tentative deal to create Space Force in exchange for federal parental leave benefits: report Trump: Fox News 'panders' to Democrats by having on liberal guests 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 John TrumpLawmakers prep ahead of impeachment hearing Democrats gear up for high-stakes Judiciary hearing Warren says she made almost M from legal work over past three decades 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 HolderThe shifting impeachment positions of Jonathan Turley Pelosi refers to Sinclair's Rosen as 'Mr. Republican Talking Points' over whistleblower question Krystal Ball: Billionaires panicking over Sanders candidacy 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 CummingsImpeachment can't wait Adam Schiff's star rises with impeachment hearings Tucker Carlson calls Trump 'full-blown BS artist' in segment defending him from media coverage MORE (D-Md.) and Pelosi for comment.

The announcement came on a busy news day, shortly after former special counsel Robert MuellerRobert (Bob) Swan MuellerTrump says he'll release financial records before election, knocks Dems' efforts House impeachment hearings: The witch hunt continues Speier says impeachment inquiry shows 'very strong case of bribery' by 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.