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Draft Contempt Order Against Holder

Rep. Darrell Issa’s draft contempt order against Attorney General Eric Holder is the latest attempt to pressure the Department of Justice into complying with the House Oversight Committee’s subpoena requests related to Fast and Furious, and whether it works depends on a political calculation by the administration. What’s would be more damaging: releasing these subpoenaed documents, or risking the media circus of contempt procedures?

In the contempt order argument, which was issued to members of the House Oversight Committee today, Issa says he’s still waiting for Holder to release documents for 12 out of 22 categories in the subpoena schedule:

According to the draft contempt order, the department “has yet to provide a single document for 12 out of the 22 categories contained in the subpoena schedule.”

The draft order pointed to three categories in particular. Those categories concerned: who among the department’s top brass should have known about the “reckless tactics” in Fast and Furious; how department leaders ended up figuring out the program was a bad idea; and how a special task force “failed” to share information that could have supposedly led to key gun-trafficking arrests.

The draft, which lays out the case for contempt should a vote be called, is apparently more than just a hollow threat. Fox News reports that Issa likely wouldn’t have issued it publicly unless he knew he had enough votes to get it through the committee, and the blessing of Speaker Boehner. At that point, Holder would have to either cough up the documents or explain himself to a grand jury. After months of DOJ’s stalling and obstructions, it looks like Congress may finally be heading somewhere on this case.