Since the DoJ won't prosecute Eric Holder for defying a congressional subpoena and being held in contempt, Republicans in the House are going to court to try and get the documents being hidden by Obama's claim of executive privilege.

ABC:

The planned civil suit, which comes on the heels of a letter sent by the Justice Department stating that the DOJ would not prosecute Attorney General Eric Holder following a House vote to hold him in criminal contempt of Congress.

"It's not clear to me that the U.S. District Attorney will in fact, go down that path. That's why we're going to file, in District Court, a civil suit, over the issue of executive privilege," Boehner said on CBS's "Face the Nation."

The Obama administration, in response to a request by Holder, asserted the right to executive privilege several weeks ago, in effect blocking Congressional access to documents pertaining the affair.

Officials at the Bureau of Alcohol, Tobacco, Firearms and Explosives intentionally allowed thousands of marked guns to be sold to Mexican drug cartel as a way to track the flow of illegal guns across the border, but came under intense scrutiny after two tagged guns lost in the operation were recovered at the scene of U.S. Border Patrol agent Brian Terry's killing in December 2010 near the Mexican border.

The program was eventually shut down and the program disavowed, but Republicans on the House Oversight and Government Reform Committee want to know what Holder knew and when he knew it.

"The American people have a right to know what happened," Boehner said today. "Brian Terry's family has a right to know what happened here."

Historically, Congress has had little luck in getting courts to overturn a privilege claim by the executive. But at this point, the GOP has few alternatives given the obstinancy of the administration in handing over the documents.