The difference there is that Levin wasn't taking legal action against these rogue agencies on behalf of CONGRESS. LOL.
I'll have to listen to him again, but can't they do both?
As far as I can tell, their options are:
1) Hold ineffectual hearings.
2) Take them to court (per Mark. OK, I don't understand how this works.)
3) Appoint a special prosecutor, which Holder will never do.
4) Defund agencies, i.e., resulting in a "scary" gov't shutdown.
It seems like 2 & 4 are the only effective means at their disposal. They're chicken sh--, so they won't do 4. So all that's left is option 2.