# How Come AG Holder Isn't Under indictment?

**URL:** <https://boards.straightdope.com/t/how-come-ag-holder-isnt-under-indictment/624543>\
**Category:** In My Humble Opinion\
**Created:** [June 8, 2012, 7:52pm UTC](https://boards.straightdope.com/t/how-come-ag-holder-isnt-under-indictment/624543 "2012-06-08T19:52:15Z")\
**Posts on this page:** 8\
**Page:** 1

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**Author:** ![ralph124c](https://avatars.discourse-cdn.com/v4/letter/r/8797f3/32.png) [@ralph124c](https://boards.straightdope.com/u/ralph124c)\
**Post date:** [June 8, 2012, 7:52pm UTC](https://boards.straightdope.com/t/how-come-ag-holder-isnt-under-indictment/624543/1 "2012-06-08T19:52:15Z")

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I was just watching the Congressional Hearings-Holder refused to answer questions, and told Rep. Issa (Utah) to basically shove it.  
Holder says that “Fast and Furious” (referenced in his email) doesn’t refer to 'Operation Fast and Furious"…so what MIGHT is refer to?  
ast any rate, this surely must rank with Bill Clinton’s “it depends what is is” monologue.  
Any idea why AG Holder is so reluctant to talk?:rolleyes:

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**Author:** ![Jophiel](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jophiel/32/66_2.png) [@Jophiel](https://boards.straightdope.com/u/Jophiel)\
**Post date:** [June 8, 2012, 8:49pm UTC](https://boards.straightdope.com/t/how-come-ag-holder-isnt-under-indictment/624543/2 "2012-06-08T20:49:51Z")

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> [@ralph124c](#):
>
> Any idea why AG Holder is so reluctant to talk?:rolleyes:

Because Issa has made it his personal mission to get a “big score” against the administration with his numerous investigations? I wouldn’t talk to the guy either.

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**Author:** ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)\
**Post date:** [June 8, 2012, 8:57pm UTC](https://boards.straightdope.com/t/how-come-ag-holder-isnt-under-indictment/624543/3 "2012-06-08T20:57:03Z")

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> [@ralph124c](#):
>
> Any idea why AG Holder is so reluctant to talk?

Perhaps because Chairman Issa interrupts after every five words?

> [@](#):
>
> REP. DARRELL ISSA, HOUSE OVERSIGHT COMMITTEE CHAIRMAN: Have you and your attorneys produced internally the materials responsive to the subpoenas?
> 
> ERIC HOLDER, ATTORNEY GENERAL OF THE UNITED STATES: We believe that we have responded to the subpoenas…
> 
> ISSA: No! Mr. Attorney General, you’re not a good witness. A good witness answers the question asked. So let’s go back again. Have you and your attorneys produced internally the materials responsive – in other words, have you taken the time to look up our subpoena and find out what material you have responsive to it, or have you simply invented a privilege that doesn’t exist?
> 
> HOLDER: You’re saying internally, have we…
> 
> ISSA: Internally! Have you pulled all that information?
> 
> HOLDER: We’ve looked at 240 custodians (ph). We have processed millions of electronic records and we’ve reviewed over 140,000 documents and produced to you about 7,600.
> 
> ISSA: So 140,000 documents. How many documents are responsive but you are withholding at this time?
> 
> HOLDER: Well, we’ve produced 7,600…
> 
> ISSA: Look, I don’t want to hear about the 7,600!
> 
> REP. ELIJAH CUMMINGS, D-MD, RANKING MEMBER: Mr. Chairman, I would beg to allow…
> 
> ISSA: The lady is out of order!
> 
> You know, I appreciate that there was hostility between the attorney general and myself. I would hope that the…
> 
> CUMMINGS: Just for the record…
> 
> ISSA: I would hope that the ranking member would understand that…
> 
> (CROSSTALK)
> 
> Read more: [http://www.foxnews.com/on-air/on-the-record/2012/06/08/issas-fast-and-furious-frustration-bubbles-over-holders-truth-not-consistent-facts#ixzz1xEmuwpI2](http://www.foxnews.com/on-air/on-the-record/2012/06/08/issas-fast-and-furious-frustration-bubbles-over-holders-truth-not-consistent-facts#ixzz1xEmuwpI2)

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**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\
**Post date:** [June 8, 2012, 8:58pm UTC](https://boards.straightdope.com/t/how-come-ag-holder-isnt-under-indictment/624543/4 "2012-06-08T20:58:54Z")

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As a factual answer, he would probably have to be impeached & convicted first.

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**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\
**Post date:** [June 8, 2012, 9:34pm UTC](https://boards.straightdope.com/t/how-come-ag-holder-isnt-under-indictment/624543/5 "2012-06-08T21:34:39Z")

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Because Congress isn’t a prosecutors office and can’t indict people for crimes? Because it’s not illegal to ‘basically tell Darrell Issa to shove it’ Indictments are accusations you’ve committed a crime. That has little to do with how responsive Holder is to Issa- and I say that as someone who’s inclined to think Holder should’ve been fired.

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**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [June 8, 2012, 9:55pm UTC](https://boards.straightdope.com/t/how-come-ag-holder-isnt-under-indictment/624543/6 "2012-06-08T21:55:31Z")

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> [@Saint\_Cad](#):
>
> As a factual answer, he would probably have to be impeached & convicted first.

No, I don’t agree. That’s probably true of the President, but I know of no reason that the Attorney General needs to be impeached and convicted before being indicted.

> [@Marley23](#):
>
> Because Congress isn’t a prosecutors office and can’t indict people for crimes? Because it’s not illegal to ‘basically tell Darrell Issa to shove it’ Indictments are accusations you’ve committed a crime. That has little to do with how responsive Holder is to Issa- and I say that as someone who’s inclined to think Holder should’ve been fired.

Congress has inherent contempt power. Congress can order a recalcitrant witness arrested by the Sergeant-at-Arms, held for trial, conduct the trial, and order the defendant imprisoned as a result. See Jurney v. MacCracken.

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**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\
**Post date:** [June 8, 2012, 9:57pm UTC](https://boards.straightdope.com/t/how-come-ag-holder-isnt-under-indictment/624543/7 "2012-06-08T21:57:09Z")

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> [@Bricker](#):
>
> Congress has inherent contempt power. Congress can order a recalcitrant witness arrested by the Sergeant-at-Arms, held for trial, conduct the trial, and order the defendant imprisoned as a result. See Jurney v. MacCracken.

If the OP is asking what they can do if they think Holder is in contempt, that sounds like a very thorough answer.

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**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\
**Post date:** [June 8, 2012, 10:06pm UTC](https://boards.straightdope.com/t/how-come-ag-holder-isnt-under-indictment/624543/8 "2012-06-08T22:06:33Z")

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> [@Bricker](#):
>
> No, I don’t agree. That’s probably true of the President, but I know of no reason that the Attorney General needs to be impeached and convicted before being indicted.

Looking at the case of Sec. Belknap, the DC Court waited until after his Senate trial before the indictment. That’s the precedent I was going off of.
