“Well be filing a civil case during the break,” Issa told NBC, “We will expect a day in court before a federal judge, which we have a 100 percent chance that the judge will hold that these documents should be delivered.”
The lawsuit will be reviewed by a judge who will assess whether Holder has an obligation to comply with a 22-part Congressional subpoena that was issue in October 2011. The judge will also review whether President Obamas assertion of executive privilige surrounding Fast and Furious documents was warranted.
“The idea that you would withhold based on some executive privilege the documents related to a cover up of a crime is absurd, but thats the claim that the attorney general is hiding behind,” Issa said.
“Were seeking a remedy and the remedy is an order to compel,” Issa said. “Nixon didnt respond to Congress, he responded to federal judges, ultimately the Supreme Court, ordering that he had no such privilege to cover up the tapes. And these are no different than the Nixon tapes, were asking for documents related to a cover up of lying to Congress.”
Holder was voted in civil and criminal contempt of Congress by Republicans and Democrats in June. The House Oversight Committee has requested access to 80,000 Fast and Furious documents 240,000 documents exist and the Department of Justice has turned over 7,000. The announcement of the lawsuit filing time frame comes just days after a joint Congressional report was issued this week detailing the role ATF supervisors played in the program and showed Holders office was actually considering bringing Holder to Arizona to announce Fast and Furious indictments.
Sidenote: NBC is now covering Fast and Furious, finally.