Thursday, April 10, 2014

Citing Lois Lerner for Contempt of Congress

Open Email to House Speaker Boehner:

Dear Speaker Boehner,
Lois Lerner must be cited by Congress for "Contempt of Congress" and arrested.
The operation of our federal government according to the Constitution is simple. The Congress makes significant laws, which affects the progress of our nation. In the early years, the President was selected by members of Congress. This has changed, in that the president is elected by the people. However, operations are unaffected. The President has been appointed by the people to carry out the laws as developed by Congress. The President and His staff also have the authority to establish some rules on their own volition, but none of these must be in violation of congressional law or even congressional will.
In the case of Lois Lerner, Congress established the Internal Revenue Service as a tax collection agency. Congress continues to have oversight to be sure that the IRS is being operated in the manner intended by Congress. In order to accomplish this oversight, it must ask questions of various IRS employees concerning how they are performing their jobs.
Congress asked Lois Lerner twice for some of the details on how she was performing her job at the IRS. Note that this did not involve any questions concerning her personal rights, such as how she is conducting her life. Lois Lerner refused to answer Congress's questions, citing her rights under the Fifth Amendment. However, the Fifth Amendment has nothing to do with Congress's investigations of how the government is being run.
The key point in this contest between Congress and Lois Lerner is that Lois Lerner is challenging Congress's right of control, on behalf of the President. Simply stated, is the President working for Congress or vice versa? May I remind you that one of the causes of World War II was that the Reichstag (Congress) allowed Chancellor Adolf Hitler (President) to usurp its powers.
According to Wikipedia, there are two procedures which Congress can follow in the "contempt". In both cases, the committee involving the contempt, reports it to the full chamber (House or Senate), which then votes to reject or accept it for action.
In the "Inherent Contempt" process,the person cited is arrested by the Sergeant-at-Arms for the House or Senate, brought to the floor of the chamber, held to answer charges by the presiding officer, and then subjected to punishment as the chamber may dictate (usually imprisonment for punishment reasons, imprisonment for coercive effect, or release from the contempt citation).
In the "Statutory Contempt" process, the presiding officer of the chamber is instructed to refer the matter to the U.S. Attorney for the District of Columbia; according to the law it is the "duty" of the U.S. Attorney to refer the matter to a grand jury for action.The criminal offense of "contempt of Congress" sets the penalty at not less than one month nor more than twelve months in jail and a fine of not less than $100 nor more than $1,000.
Since this contest is really between the Congress and the President, it is apparently inadvisable to involve the US Attorney General, because he works for the President, and in the case of Eric Holder, has been known to follow Pres. Obama's every wish.
While traditional penalties under the Inherent Contempt process are lesser, it would appear that this is the appropriate way to go with respect to Lois Lerner.

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