The Attorney General has to present the evidence for and against, and make recommendations. Obama is a President, not a King, despite the Bushes attempts to make the office a monarchy.
That still doesn't change the fact that Barry said its the AG's decision to decide whether or not to move forward with gathering said evidence. Be a President and say that "I have instructed Holder to gather and present evidence." Nope! Lets take the "no harm no foul" way out of this.