WASHINGTON -- The Justice Department declared Friday that Attorney General Eric Holder's decision to withhold information about a bungled gun-tracking operation from Congress does not constitute a crime and he won't be prosecuted for contempt of Congress.
The House voted Thursday afternoon to find Holder in criminal and civil contempt for refusing to turn over the documents. President Barack Obama invoked his executive privilege authority and ordered Holder not to turn over materials about executive branch deliberations and internal recommendations.
In a letter to House Speaker John Boehner, the department said that it will not bring the congressional contempt citation against Holder to a federal grand jury and that it will take no other action to prosecute the attorney general. Dated Thursday, the letter was released Friday.
Deputy attorney general James Cole said the decision is in line with long-standing Justice Department practice across administrations of both political parties.
"We will not prosecute an executive branch official under the contempt of Congress statute for withholding subpoenaed documents pursuant to a presidential assertion of executive privilege," Cole wrote.
In its letter, the department relied in large part on a Justice Department legal opinion crafted during Republican Ronald Reagan's presidency.
Although the House voted Thursday to find Holder in criminal and civil contempt, Republicans
The criminal path is now closed and the civil route through the courts would not be resolved anytime soon.
Adding to the emotion of the day, the family of the slain agent issued a statement backing the Republicans.
"The Terry family takes no pleasure in the contempt vote against Attorney General Eric Holder. Such a vote should not have been necessary. The Justice Department should have released the documents related to Fast and Furious months ago," the statement said.
Fast and Furious identified more than 2,000 weapons suspected of being illicitly purchased. But agents lost track of many of the guns. Some 1,400 of them have yet to be recovered.