The Department of Justice (DOJ) said Wednesday that federal prosecutors will not prosecute Attorney General William BarrWilliam Pelham BarrFederal judge allows Trump asylum restrictions to continue Media frenzy for Mueller testimony as broadcast, cable networks go wall-to-wall Live coverage: Mueller testifies before Congress MORE and Commerce Secretary Wilbur RossWilbur Louis RossTlaib says Trump wanted ‘to distract us’ with attacks on squad The Hill’s Morning Report — Trump applauds two-year budget deal with 0 billion spending hike House Oversight schedules Thursday vote to hold Kellyanne Conway in contempt 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 PelosiWarren presses Pelosi on impeachment: ‘Some things are above politics’ Mueller Day: What to watch for On The Money: Trump sues to block release of NY state tax returns | Conservatives erupt in outrage against budget deal | White House defends deal amid backlash from allies | Deal’s winners, losers 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 Trump Ocasio-Cortez about as well known as top Democrats: poll Protestor yelling about Trump Tower meeting thrown out of Mueller hearing Chris Wallace: ‘This has been a disaster for the Democrats’ and ‘for the reputation of Robert Mueller’ 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 HolderGinsburg dismisses court packing and term-limits for Supreme Court justices Feds will not charge officer who killed Eric Garner The old ‘state rights’ and the new state power 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 CummingsHouse Oversight schedules Thursday vote to hold Kellyanne Conway in contempt Trump tweets, rally chant dominate Sunday shows as president continues attacks Sunday shows – Fallout over Trump tweets MORE (D-Md.) and Pelosi for comment.
The announcement came on a busy news day, shortly after former special counsel Robert MuellerRobert (Bob) Swan MuellerMueller Day: What to watch for This week: Mueller dominates chaotic week on Capitol Hill Top Republican considered Mueller subpoena to box in Democrats 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.