How could/would the Contempt holding get into Court?

[cthulu2016]

Assuming the House votes to hold Holder in contempt Thursday...

I am pretty sure that holding Holder in contempt is outside the House's power and that any court would prevent any action arising from it. Courts gives Congress great latitude in making and enforcing its own rules, but this seems like a no-brainer.

1) Obama asserted Executive Privilege
2) Congress has no right to information covered by Executive Privilege
3) Congress has no power to determine what is or is not covered by Executive Privilege

So Congress has no proper ability to hold Holder in contempt at this time.

Congress needs to go to court and ask a court to determine whether the Executive Privilege claim is proper. If it is proper that is the end of it. If it is not proper then Congress can go ahead with whatever they want to do.

Assuming the preceding is correct, what scenarios could/would put the contempt issue itself before a court?

If Congress demanded Holder turn himself in to be locked up in Congress jail that would do probably do it, but what events short of that would land in court?

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Bonus Question: Did the Republicans intentionally schedule the vote for after SCOTUS recesses? I'm not suggesting they did, just that it's interesting to think about. This is a PR thing for them so it's about national perceptions. It is never good for an Attorney General to have Congress claiming he's some sort of criminal. Looks bad to independents. But it would be bad for Congress to do some jack-ass thing and have SCOTUS void it in twelve hours, which even this SCOTUS would have to. (Though maybe 6-3 or 5-4) Independents would read that as a vindication of the Obama and a smack-down of Congress. So though it doesn't affect the ultimate law the availability of the SCOUTUS might affect the range of jack-assery one could contemplate.

[PoliticAverse]

1. Finding Holder in contempt is not 'outside the House's power' and courts are unlikely to ...

'prevent any action arising from it'.

This situation is very similar to that involving the Bush administration and Harriet Miers.
See:
http://www.nytimes.com/2007/07/25/washington/25cnd-contempt.html?_r=2
http://www.washingtonpost.com/wp-dyn/content/article/2008/02/14/AR2008021402415.html
http://scholarship.law.cornell.edu/facpub/21/

[jeff47]

2. It's up to the Executive branch to prosecute contempt of Congress

So if the House votes to hold Holder in contempt, it's up to Holder to do something about it.

Somehow, I don't think he'll rush off to prosecute himself.

[PoliticAverse]

3. The contempt can be pursued as a civil matter in the courts as was the case in the

Bush administration/Harriet Miers contempt situation.

[jeff47]

4. Yes, but a civil matter can't result in criminal penalties. (nt)