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by
Bryan Preston

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March 14, 2014 - 9:36 am

The Democrats’ latest ploy in helping Lois Lerner so that she continues to help them: Gin up evidence that she can’t even be slapped with contempt charges.

Democratic committee staff sought the advice of Morton Rosenberg, a former constitutional law and process specialist with the Congressional Research Service and that of Stan Brand who served as general counsel for the House of Representatives in the early 1980s (Democrats were in the majority during those years), who concluded that Issa eliminated his option to move ahead with contempt when he concluded the hearing so abruptly.

Rosenberg writes in a letter to Cummings that Supreme Court precedent establishes a number of conditions which must be met to create a legal foundation for a contempt prosecution, including that the committee must disallow the constitutional privilege objection and clearly tell the witness an answer is demanded, and the witness must be presented with a clear-cut choice between compliance and non-compliance, knowing non-compliance risks prosecution. Rosenberg concludes these conditions were not met, and if a criminal contempt prosecution were attempted, it “will be dismissed.”

The Democrats clearly don’t want answers in the IRS abuse scandal. Probably, because they already know what the answers are.

Bryan Preston has been a leading conservative blogger and opinionator since founding his first blog in 2001. Bryan is a military veteran, worked for NASA, was a founding blogger and producer at Hot Air, was producer of the Laura Ingraham Show and, most recently before joining PJM, was Communications Director of the Republican Party of Texas.

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All Comments   (5)
All Comments   (5)
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Barring a grant of immunity, I think Lerner has the same right to invoke the Fifth as I have -- and a lot more reason.
36 weeks ago
36 weeks ago Link To Comment
You see, what I am thinking is, in her original appearance when she both invoked the 5th but the gave a speech, she waived her immunity - she can't have this both ways, as I understand it. This, as they would say in the legal sense, "started the clock ticking." Subsequent attempts to now invoke immunity don't reset that back to zero.
36 weeks ago
36 weeks ago Link To Comment
DOES ANYONE DOUBT THIS GOES DIRECTLY TO THE WHITE HOUSE?
Lois Lerner is in contempt of the whole country. She should be held in contempt of Congress now and prosecuted at some later date. Since she's talking to DOJ and not Congress, either: 1) She has some kind of deal with DOJ -- which Congress should know about or investigate; 2) She has no deal with DOJ, but some kind of fix is in, anyway -- which Congress should investigate; 3) Lerner's six-figure pension should be taken away by Congress, Holder should be stripped of his power by Congress and, then, this whole friggin' mess should go to the Supreme Court when Holder sues to get his job back. This may also come to nought but, at least, some light may be be shed on all the scum taking part in this cover-up.
36 weeks ago
36 weeks ago Link To Comment
Lois Lerner is in contempt of the whole country. Since she's talking to DOJ and not Congress either: 1) She has some kind of deal with DOJ; 2) She has no deal with DOJ, but some kind of fix is in -- which Congress should investigate; 3) Her six-figure pension should be taken away by Congress, Holder should be stripped of his power and, then, let this whole friggin' mess should go to the Supreme Court

36 weeks ago
36 weeks ago Link To Comment
I am in no way a Juris Doctor, but it seems to me that Rosenberg is failing to note Lerner's prior interaction in deposition before Congress, which was a very different kind of thing, and once in Contempt of Congress, it doesn't vanish the next time you are Subpoenaed.. That event takes precedence, whatever she may invoke now.

Any good lawyers out there to opine on this?
36 weeks ago
36 weeks ago Link To Comment
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