Democrats Still Trying to Keep Lois Lerner Out of Jail

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.


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