Just so we all understand what the House is spending all its time on with the "Fast and Furious" contempt of Congress allegation, maybe a re-visit of the rules and precedents might be helpful...

Q: What is a contempt citation?

A: Congress can vote to hold a congressional witness in contempt of Congress if it considers the witness to be obstructing its ability to carry out its constitutional powers. For a person to be held in contempt, Congress must vote on a contempt citation in committee. This is different from finding a person in contempt, which only happens after the committee votes on a citation and then passes along the vote to the full House for a vote on Contempt of Congress.

The process involves a series of legal maneuvers including the president's ability to assert executive privilege, as he did in this case. Executive privilege is rarely accepted by Congress, but the Justice Department maintains that infringing on executive privilege erodes the balance of powers.

Q: What happens next?

A: A vote in favor of a contempt in committee sends the decision to the full House for another vote. If that vote finds Holder in contempt, then, according to almost all legal scholars, it is unlikely that Holder will be prosecuted for criminal contempt. Congress's remedy, if it choose not to proceed with a trial and criminal conviction of Holder, would be a civil lawsuit in federal court.

Q: When is the last time an executive branch official faced a contempt citation?

A: Although this is the first time an attorney general has faced a contempt citation, other executive branch officials have been held in contempt of Congress.

Most recently, George W. Bush White House Counsel Harriet Miers and Chief of Staff Joshua Bolten were held in contempt of Congress despite Bush asserting executive privilege in their case regarding the firing of U.S.attorneys in 2007. During the vote in early 2008, a large number of Republicans walked out in protest of what they saw as a partisan vote by the Democrat-controlled House.

Miers and Bolten were accused of failing to cooperate in a congressional investigation into the mass firings of U.S. attorneys and allegations that the White House was using the Justice Department for political aims. Their citations marked the first time White House officials had been found in contempt of Congress.

Following conviction of contempt of Congress, Cingress would have the option to conduct a criminal trial attempting to convict Holder and possibly Obama. The offense only carries a penalty of $1,000 and up to one year in prison. Neiher a criminal trial or the sentence would be likely.

Instead, it is more likely the House will pursue civil prosecution in federal court, as it did in the Miers and Bolten cases having to do with the firing of federal attorneys in the Bush administration in 2007. The House General Counsel's office prosecuted the pair to gain access to the information Congress sought by the Democrat-controlled House.

Q: What was the result of the Congress' civil lawsuit against Bush White House staff Harriett Miers and Josh Bolten?

A: First, the entire process of committee hearings and a contempt vote, followed by a vote of the full House had to be repeated. The plaintiff in the original law suit was the 110th Congress, which ceased to exist when the 111th Congress was sworn in. The result of having no plaintiff meant that the entire process had to be repeated by the 111th Congress.

After the House held Miers and Bolten in contempt the second time, the Judiciary Committee sued the two aides in federal district court.

In August 2008, a federal judge ordered Miers to testify and Bolten to turn over documents, overruling the administration’s claim of executive privilege. That ruling was appealed.

In March 2009, a year after the suit was filed, Miers and Karl Rove, who had also become ensnared in a separate contempt proceeding, agreed to testify behind closed doors to the House Judiciary Committee. The deal broke the stalemate. The results of the closed door settlement were never announced.
-------
What it boiled down to is that Congress wasted a whole lot of time and spent a huge amount of money prosecuting a contempt of Congress case, with no apparent decision. It turned out to be all about political posturing and bickering. And while it was going on, Congress was to busy to govern.

It looks like it's happening again.