Lois Lerner to take the 5th. Again.

[Sallow]

Looks like Issa's little blow up last week may have some ramifications for Issa's plan to hold Lerner in Contempt.

The hasty way he adjourned the meeting, not allowing Cummings to offer a proffer to the lawyer (which, as I remarked earlier was Cumming intention of asking to speak -- when Issa cut his microphone) and the correct procedure needed to be used when a witness takes the Fifth and Contempt charges pending was something Issa ("I have an in IQ of a little over a 100") didn't bother to concern himself with.

"Cummings, citing opinions from two legal experts and “Supreme Court case law,” said Republicans cannot pursue contempt charges against Lerner because of how the committee’s chairman, Rep. Darrell Issa (R-Calif.), abruptly adjourned a hearing with the former official last week."

Cummings says Issa killed chances for Lois Lerner contempt proceedings

The lawyers who wrote the opinion have some cred: Morton Rosenberg, was formerly with the Congressional Research Service, and Stan Brand, b formerly the House of Representatives General Counsel -- and they both say Issa dropped the ball on this one.

Here's the letter sent to Boehner: http://democrats.oversight.house.gov/uploads/2014-03-12%20EEC%20to%20Speaker%20Boehner.pdf


Issa “failed to take the basic — but Constitutionally required — steps necessary to hold [Lerner] in contempt."

Of course Issa's folks reject the legalities presented. Boehner hasn't commented, and it's a new ride and another wicked twist in the How Inept Is Issa Saga.

Really doesn't matter.

Even if Issa holds her in contempt?

So what. Congress doesn't have the power to do anything to a private citizen.

Issa's basically beating a dead flat horse at this point.

 

[paperview]

Flash from the Wayback Machine (well, not that way back)
House Votes to Issue Contempt Citations

Doug Mills/The New York Times

Representative John A. Boehner of Ohio, at lectern, led Republicans out of the House in protest

Published: February 15, 2008
WASHINGTON — The House voted Thursday to issue contempt citations against the White House chief of staff and a former White House counsel for refusing to cooperate in an investigation into the mass firings of federal prosecutors.
House Vote on Contempt Is Expected Soon


The vote to hold Joshua B. Bolten, the chief of staff, and Harriet E. Miers, the former counsel, in contempt of Congress followed bitter partisan wrangling on the House floor, including a Republican walkout from the chamber, and moved House Democrats closer to a constitutional showdown with President Bush.

http://www.nytimes.com/2008/02/15/washington/15contempt.html

http://www.nytimes.com/2008/02/15/washington/15contempt.html?hp In Retrospect Money Quote:

“We have space on the calendar today for a politically charged fishing expedition but not space for a bill that would protect the American people from terrorists who want to kill us,” said Representative John A. Boehner of Ohio, the Republican House leader.

Mr. Boehner then instructed other Republicans to exit the chamber in protest. “Let’s just get up and leave,” Mr. Boehner said before walking out with scores of his party’s members.

 

[The Rabbi]

Looks like Issa's little blow up last week may have some ramifications for Issa's plan to hold Lerner in Contempt.

The hasty way he adjourned the meeting, not allowing Cummings to offer a proffer to the lawyer (which, as I remarked earlier was Cumming intention of asking to speak -- when Issa cut his microphone) and the correct procedure needed to be used when a witness takes the Fifth and Contempt charges pending was something Issa ("I have an in IQ of a little over a 100") didn't bother to concern himself with.

"Cummings, citing opinions from two legal experts and “Supreme Court case law,” said Republicans cannot pursue contempt charges against Lerner because of how the committee’s chairman, Rep. Darrell Issa (R-Calif.), abruptly adjourned a hearing with the former official last week."

Cummings says Issa killed chances for Lois Lerner contempt proceedings

The lawyers who wrote the opinion have some cred: Morton Rosenberg, was formerly with the Congressional Research Service, and Stan Brand, b formerly the House of Representatives General Counsel -- and they both say Issa dropped the ball on this one.

Here's the letter sent to Boehner: http://democrats.oversight.house.gov/uploads/2014-03-12%20EEC%20to%20Speaker%20Boehner.pdf


Issa “failed to take the basic — but Constitutionally required — steps necessary to hold [Lerner] in contempt."

Of course Issa's folks reject the legalities presented. Boehner hasn't commented, and it's a new ride and another wicked twist in the How Inept Is Issa Saga.

Was Cummings in the same class at law school as Obama?

You have no credibility on this topic. Nor on the Christie non scandal. You are a liar and a dupe.

 

[paperview]

Expert Opinion on Issa Contempt

So....what will Issa's next step be...?

 

[paperview]

The Democrats’ two legal experts said that Issa can’t simply recall Lerner back to the hearing to fix the snag because he adjourned the hearing, which they say means Lerner is free of her subpoena.


And if Issa were to issue a new subpoena to bring her back , the two conclude that any claim on the part of Republicans that she waived her rights in the previous hearing when she gave an opening statement would be lost.


GOP leadership recently postponed the Oversight contempt vote after a heated exchange between Issa and Elijah Cummings (D-Md.) made waves.


Issa had to apologize after he abruptly ended the hearing, while turning off Cummings’s microphone.

Read more: Democrats: Darrell Issa botched rules in run-up to IRS contempt vote - Rachael Bade - POLITICO.com
​

Rosenberg, who wrote the letter joined by Brand, points to a series of 1955 cases where people were summoned to testify before the now-dissolved committee on Un-American Activities but refused questioning. After being held in contempt, the court dismissed the contempt charge because the panel hasn’t laid the foundation for prosecution.


“A jurisdictional committee must disallow the constitutional privilege objection and clearly apprise the witness that an answer is in demand,” Rosenberg wrote. “A witness will not be forced to guess whether or not a committee has accepted his or her objection.”


Rosenberg continued: “At no time did the chair expressly overrule the objection and order Ms. Lerner to answer on pain of contempt.”

​

Read more: Democrats: Darrell Issa botched rules in run-up to IRS contempt vote - Rachael Bade - POLITICO.com

 

[paperview]

Watch this: The "fatal error" of Issa's IRS blowup |

One of the two constitutional lawyers, each of which held important positions in the CRS and HofR Counsel office respectively, explains it.

 

[Iceweasel]

One of the two constitutional lawyers, each of which held important positions in the CRS and HofR Counsel office respectively, explains it.

Obama was a Constitutional lawyer so that gets a big yawn from me.


Ooops, the Rabbi beat me to it.

 

[paperview]

For the adults reading the thread, Watch this: The "fatal error" of Issa's IRS blowup |

One of the two constitutional lawyers, each of which held important positions in the CRS and HofR Counsel office respectively, explains it.

Obama is a constitutional lawyer too, shitbag. What do the Republicans say about it? Btw, when did Issa say he was going to hold Lerner in contempt?

Without knowing it, you've made the Experts point.

He didn't. He said he may.

So his threats Issa says committee could consider holding Lerner in contempt next week | Fox News

make the point even further on this legal question.

Let him try it. Those Supreme Court rulings will be thrown in his face.

 

[The Rabbi]

For the adults reading the thread, Watch this: The "fatal error" of Issa's IRS blowup |

One of the two constitutional lawyers, each of which held important positions in the CRS and HofR Counsel office respectively, explains it.

Obama is a constitutional lawyer too, shitbag. What do the Republicans say about it? Btw, when did Issa say he was going to hold Lerner in contempt?

Without knowing it, you've made the Experts point.

He didn't. He said he may.

So his threats Issa says committee could consider holding Lerner in contempt next week | Fox News

make the point even further on this legal question.

Let him try it. Those Supreme Court rulings will be thrown in his face.

OK. They'll consider it. And then they'll hold the bitch in contempt. The Democrats are scared shitless and think something like Issa adjourning the meeting somehow means Lerner is off the hook.
Wont hold water.

 

[IlarMeilyr]

The Democrats’ two legal experts said that Issa can’t simply recall Lerner back to the hearing to fix the snag because he adjourned the hearing, which they say means Lerner is free of her subpoena.


And if Issa were to issue a new subpoena to bring her back , the two conclude that any claim on the part of Republicans that she waived her rights in the previous hearing when she gave an opening statement would be lost.


GOP leadership recently postponed the Oversight contempt vote after a heated exchange between Issa and Elijah Cummings (D-Md.) made waves.


Issa had to apologize after he abruptly ended the hearing, while turning off Cummings’s microphone.

Read more: Democrats: Darrell Issa botched rules in run-up to IRS contempt vote - Rachael Bade - POLITICO.com
​

Rosenberg, who wrote the letter joined by Brand, points to a series of 1955 cases where people were summoned to testify before the now-dissolved committee on Un-American Activities but refused questioning. After being held in contempt, the court dismissed the contempt charge because the panel hasn’t laid the foundation for prosecution.


“A jurisdictional committee must disallow the constitutional privilege objection and clearly apprise the witness that an answer is in demand,” Rosenberg wrote. “A witness will not be forced to guess whether or not a committee has accepted his or her objection.”


Rosenberg continued: “At no time did the chair expressly overrule the objection and order Ms. Lerner to answer on pain of contempt.”

​

Read more: Democrats: Darrell Issa botched rules in run-up to IRS contempt vote - Rachael Bade - POLITICO.com

Bullshit. Of course she can be re-called. OR simply re-subpoenaed for that matter.

You citing the hackish and entirely self-serving musings of a couple of "Democrats" hardly serves to prove your point, Paper.

 

[paperview]

If anyone is interested in reading the Congressional Service Report on

Congress’s Contempt Power and the
Enforcement of Congressional Subpoenas:
Law, History, Practice, and Procedure

It's here.

http://www.fas.org/sgp/crs/misc/RL34097.pdf


Tragically long...I doubt Arsonist Issa has read it.

 

[paperview]

I do like how I like how Wonkette popped a rose on it.

"Seriously, who wants to deal with technicalities when you are trying to hold someone in contempt based on a technicality? Why don’t people understand that Issa (and Gowdy) are ALL-KNOWING and should be exempt from following the law like us little people? As evidenced by this episode, shouldn’t we completely trust their judgment and allow them to ignore laws that are inconvenient so that they can pursue partisan political bullying on the taxpayer dime?

We’re not saying that Lerner is a perfect angel who has never made a mistake in her life and shits tulips. As of now, there looks to be no illegal activity, but plenty of partisan posturing. What we do know is that if Issa is going to spend literally millions of dollars to defame one particular federal employee, perhaps he should run an investigation according to the law we have, not the law he wishes we had."

:lol Darrell Issa F**ks Up Contempt Charges Against Lois Lerner, Because He Is Bad At His Job

 

[The Rabbi]

I do like how I like how Wonkette popped a rose on it.

"Seriously, who wants to deal with technicalities when you are trying to hold someone in contempt based on a technicality? Why don’t people understand that Issa (and Gowdy) are ALL-KNOWING and should be exempt from following the law like us little people? As evidenced by this episode, shouldn’t we completely trust their judgment and allow them to ignore laws that are inconvenient so that they can pursue partisan political bullying on the taxpayer dime?

We’re not saying that Lerner is a perfect angel who has never made a mistake in her life and shits tulips. As of now, there looks to be no illegal activity, but plenty of partisan posturing. What we do know is that if Issa is going to spend literally millions of dollars to defame one particular federal employee, perhaps he should run an investigation according to the law we have, not the law he wishes we had."

:lol Darrell Issa F**ks Up Contempt Charges Against Lois Lerner, Because He Is Bad At His Job

Gee nothing partisan in that pile of shit.

Yes Gowdy is a career prosecutor. And he is right that failure to mutter a few words does not make a case.

But you have to wonder about the desperation of the Democrats declaring in advance of any move to hold Lerner in contempt that they can't do that. What are Democrats scared of?

 

[paulitician]

Come on, she's so cool. All the tarded Obamabots just adore her. They can't be wrong, can they? Some are even calling her a 'Hero.' Go figure, a corrupt IRS bastard a 'Hero.' If a Republican was in there, i'm pretty sure the same Bot morons would be demanding Impeachment. Obama knew what was going on. He should be Impeached for these awful abuses.

 

[The T]

I do like how I like how Wonkette popped a rose on it.

"Seriously, who wants to deal with technicalities when you are trying to hold someone in contempt based on a technicality? Why don’t people understand that Issa (and Gowdy) are ALL-KNOWING and should be exempt from following the law like us little people? As evidenced by this episode, shouldn’t we completely trust their judgment and allow them to ignore laws that are inconvenient so that they can pursue partisan political bullying on the taxpayer dime?

We’re not saying that Lerner is a perfect angel who has never made a mistake in her life and shits tulips. As of now, there looks to be no illegal activity, but plenty of partisan posturing. What we do know is that if Issa is going to spend literally millions of dollars to defame one particular federal employee, perhaps he should run an investigation according to the law we have, not the law he wishes we had."

:lol Darrell Issa F**ks Up Contempt Charges Against Lois Lerner, Because He Is Bad At His Job

Gee nothing partisan in that pile of shit.

Yes Gowdy is a career prosecutor. And he is right that failure to mutter a few words does not make a case.

But you have to wonder about the desperation of the Democrats declaring in advance of any move to hold Lerner in contempt that they can't do that. What are Democrats scared of?

Being caught cheating and lying as if we don't know what they're up to. Dishonest. Every stinkin one of them.

 

[The Rabbi]

The worst part is you lay out what is obviously the truth:

Lerner was a partisan operative working in the IRS to suppress Tea Party activity ahead of a contested election where such activity would be expected to contribute to GOP gains.

And the libs here are like, yeah, so what? They don't get it. They don't see anything at stake. It's OK because it's their side doing it. They assume if McCain were president Republicans would be doing the same thing. Because they are lying dimocrap scum.

 

[paulitician]

The worst part is you lay out what is obviously the truth:

Lerner was a partisan operative working in the IRS to suppress Tea Party activity ahead of a contested election where such activity would be expected to contribute to GOP gains.

And the libs here are like, yeah, so what? They don't get it. They don't see anything at stake. It's OK because it's their side doing it. They assume if McCain were president Republicans would be doing the same thing. Because they are lying dimocrap scum.

They're very dishonest people. If a Republican was in there, the Communist whacks over at CNN & NY Times would be demanding Impeachment 24/7 over this. Obama had to know what was going on. In fact, he likely ordered it. Too many criminals to count in this Administration. It's the 'Chicago Way.'

 

[paulitician]

And look for the Ukraine farce to be used as a 'Wag the Dog' distraction for the Dear Leader. This IRS scandal is awful enough to bring this whole Administration down. And they know it. So look for the Ukraine farce to pick up in intensity in the coming days.

 

[BlindBoo]

The worst part is you lay out what is obviously the truth:

Lerner was a partisan operative working in the IRS to suppress Tea Party activity ahead of a contested election where such activity would be expected to contribute to GOP gains.

And the libs here are like, yeah, so what? They don't get it. They don't see anything at stake. It's OK because it's their side doing it. They assume if McCain were president Republicans would be doing the same thing. Because they are lying dimocrap scum.

Clever girl she is. Knowing back in 2006 that she was going head the division that would oversee such an important political revenue stream.

 

[The Rabbi]

The worst part is you lay out what is obviously the truth:

Lerner was a partisan operative working in the IRS to suppress Tea Party activity ahead of a contested election where such activity would be expected to contribute to GOP gains.

And the libs here are like, yeah, so what? They don't get it. They don't see anything at stake. It's OK because it's their side doing it. They assume if McCain were president Republicans would be doing the same thing. Because they are lying dimocrap scum.

Clever girl she is. Knowing back in 2006 that she was going head the division that would oversee such an important political revenue stream.

You're even less coherent than normal.

Lois Lerner's husband's law firm hosted campaign organizing | The Daily Caller