Republicans on a House committee are set to take the first formal step in holding Attorney General Eric Holder in contempt of Congress because they say that he has not turned over all of the documents it demanded about Operation Fast & Furious. The citation could force the Department of Justice to turn over thousands more documents.

Some Democrats are suggesting that this is all politics on the part of House Republicans, with Rep. Elijah Cummings (D) saying, “Holding someone in contempt of Congress is one of the most serious and formal actions our Committee can take, and it should not be used as a political tool to generate press as part of an election-year witch hunt against the Obama Administration.”

Judge Napolitano weighed in on the situation, saying, “No one in the executive branch of the federal government has been held in contempt of Congress in the modern era.” Therefore, Napolitano believes that this will be resolved in some way.

Napolitano weighed in on the politics at play saying that Rep. Cummings has a point in his argument. He said, “The Republicans leaked internal documents today before members of the House even saw them accusing the attorney general of committing crimes, and now they have to find a prosecutor willing to prosecute.”

When asked what the chances are that Holder will be prosecuted, Napolitano said, “Zero.”