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Attorney General Eric Holder speaks during  a news conference in New Orleans Thursday.

The House may think Eric Holder is criminally contempt, but the Justice Department thinks the House can go fly a kite. The department informed John Boehner today that it won’t prosecute its boss on the contempt charges, reports the Washington Post. The letter was drafted yesterday, the same day the House voted against Holder. The attorney general is in the clear, the letter asserts, because President Obama invoked executive privilege in the spat over documents related to the Fast and Furious case.

The matter isn’t over, though. The Justice Department action closes the criminal contempt case, but the House also cited Holder for civil contempt, notes AP. That means Darrell Issa and his committee can still go to court to try to get the documents they want, a legal fight that could take years to resolve, notes the Wall Street Journal.