The2ndAmendment
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- Feb 16, 2013
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The House also passed a nonbinding resolution calling on the Justice Department to appoint a special counsel to investigate the IRS. Lois Lerner directed the IRS division that processes applications for tax-exempt status. A year ago this week, Lerner publicly disclosed that agents had improperly singled out tea party applications for extra, sometimes burdensome scrutiny.
An inspector general's report blamed poor management but found no evidence of a political conspiracy. Many Republicans in Congress believe otherwise. "Who's been fired over the targeting of conservative groups by the IRS? No one that I'm aware of," House Speaker John Boehner, R-Ohio, said Wednesday. "Who's gone to jail for violating the law? When is the administration going to tell the American people the truth?"
House Democrats said Wednesday's voting was little more than an election-year ploy to fire up the GOP base. "Instead of passing bipartisan legislation to create more jobs, reform immigration, raise the minimum wage or address any number of issues that affect our constituents every single day, House Republicans are spending this entire week trying to manufacture scandals for political purposes," said Rep. Elijah Cummings of Maryland, the top Democrat on the House Oversight Committee. "Welcome to witch hunt week," said Rep. Jim McGovern, D-Mass. The vote to hold Lerner in contempt of Congress was 231 to 187, with all Republicans voting in favor and all but a few Democrats voting against.
Lerner invoked her Fifth Amendment right not to answer questions at a pair of hearings by the House Oversight Committee. House Republicans say she waived her constitutional right by making an opening statement in which she proclaimed her innocence. The matter now goes to Ronald Machen, the U.S. attorney for the District of Columbia. Federal law says Machen has a "duty" to bring the matter before a grand jury. But a report by the nonpartisan Congressional Research Service said it was unclear whether the duty is mandatory or discretionary. Machen was appointed to his job by President Barack Obama. "We will carefully review the report from the speaker of the House and take whatever action is appropriate," Machen's office said in a statement.
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Rep. Jason Chaffetz (R-Utah) says Republicans also plan to bring up a resolution calling on Attorney General Eric Holder to appoint a special prosecutor -- "someone who's truly independent to come in and try to get to the bottom of this." "All we're trying to do is get to the truth," Chaffetz told Fox News on Wednesday. "I don't know where it goes. But that's our process. That's the Constitution in motion. That's the checks and balances that the Legislative Branch is supposed to be providing. But it totally breaks down if you're going to have the Attorney General and White House just say, no no no no -- don't look at this -- nothing wrong here."
Chaffetz said the House could vote Thursday on the resolution to appoint a special investigator. Meanwhile, if Holder ignores the anticipated contempt citation against Lerner, Chaffetz said Republicans "have a variety of other tools" they could use. "I'm not at liberty to talk about those," he added, "but believe me, we have thought that through. We're not just going to let go of this. You can't just have this Executive Branch continue to say they will do nothing."
Lerner gave an opening statement to the House Oversight and Government Reform Committee a year ago, saying, I have not done anything wrong. But then she refused to answer any of the committee's questions. Republicans say she waived her 5th Amendment right to keep silent when she gave an opening statement.
Chaffetz on IRS Scandal: Appoint a Special Investigator | CNS News