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Thread: JOHN BOEHNER HAS THE AUTHORITY TO ARREST LOIS LERNER

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  1. #1
    Super Moderator Newmexican's Avatar
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    JOHN BOEHNER HAS THE AUTHORITY TO ARREST LOIS LERNER

    JOHN BOEHNER HAS THE AUTHORITY TO ARREST LOIS LERNER




    by KEN KLUKOWSKI 8 May 2014 216POST A COMMENT

    The House voted Wednesday to hold disgraced IRS official Lois Lerner in contempt of Congress for refusing to testify about the tax agency's targeting of conservative non-profit groups. While most Republicans said the act was largely symbolic, the chamber technically has the authority to unilaterally arrest her now.

    The underlying offense which Lerner allegedly violated (on national television) is 2 U.S.C. § 192, a law passed by Congress in 1857 making it a federal crime for someone to appear before Congress and refuse to testify in answer to questions posed to her by committee members.

    Although citizens have a Fifth Amendment right not to testify if their answers might subject them to criminal prosecution, Lerner waived her right to “take the Fifth” by asserting her innocence to the committee before claiming the privilege against self-incrimination.

    Legally speaking, if an individual claims his constitutional right against self-incrimination, he must do so without responding in any way to the questions.

    Normally the U.S. Department of Justice would prosecute such a criminal contempt citation, and Wednesday’s citation has been referred to U.S. Attorney Ronald Machen for prosecution. If convicted, Lerner could face up to twelve months in jail and fines up to $100,000.

    Machen refused to prosecute Attorney General Eric Holder for contempt of Congress, which is hardly surprising because Holder is Machen’s boss, and Machen was appointed by Holder’s boss, President Obama.

    Given the political dynamics, it's also unlikely Manchen would prosecute Lerner. However, Speaker John Boehner could arrest her.

    The Supreme Court upheld the authority of the House or Senate sergeant at arms to arrest and incarcerate someone held in contempt of Congress in its 1927 case McGrain v. Daugherty. So without a doubt Boehner could issue a warrant for Lerner’s arrest, and Irving has the authority to put her in handcuffs and frog-march her into a police car to take her to the Capitol, where she could sit behind bars.

    According to Roll Call, the authority hasn't been used in a situation like Lerner's since 1935. There is currently no indication that House Republicans are discussing the option.

    http://www.breitbart.com/Big-Governm...-Arrest-Lerner


    I can't think of a better place for Ms Lerner than a DC jail. JMO

  2. #2
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    Meet the Democrats Who Want to Investigate the IRS



    Attorney General Eric Holder / AP



    BY: Washington Free Beacon Staff
    May 8, 2014 10:52 am
    Twenty-six House Democrats joined the Republicans in a vote calling for Attorney General Eric Holder to appoint a special counsel to investigate the IRS targeting conservative nonprofit groups.
    The vote shows that many in the president’s own party disagree that the issue is a “phony scandal” pushed by Republicans solely for partisan reasons. The Democrats who voted that further investigation is needed come from some of the bluest States in the country, according to the Wall Street Journal.
    And no, these Democrats aren’t all lonely moderates representing conservative districts in deep-red states. Among the Democrats backing a special prosecutor are Representatives from California, Connecticut, Hawaii, Massachusetts, and New York.
    In January law enforcement sources revealed to this newspaper that the Federal Bureau of Investigation did not plan to file any criminal charges in the case. In February the President proclaimed on Fox News that there was “not even a smidgen of corruption.” But 13 percent of House Democrats say the case deserves further investigation.
    Among those Democrats voting for the appointment of a special counsel was Rep. Brad Schneider, who represents the 10th District of Illinois, just north of Mr. Obama’s Chicago hometown.
    Far to the west of Chicago is the Illinois 17th District represented by Democratic Rep. Cheri Bustos. Ms. Bustos and GOP Rep. Aaron Schock together represent all of the areas in and around Peoria, long seen as a barometer of mainstream American opinion. On Wednesday both lawmakers voted for further investigation of the IRS targeting of Mr. Obama’s ideological opponents.
    Here are all the Democrats who want to further investigate the IRS:

    • Rep. Ron Barber (D.-Ariz.)
    • Rep. John Barrow (D.-Ga.)
    • Rep. Ami Bera (D.-Calif.)
    • Rep. Julia Brownley (D.-Calif.)
    • Rep. Cheri Bustos (D.-Ill.)
    • Rep. Suzan DelBene (D.-Wash.)
    • Rep. Elizabeth Esty (D.-Conn.)
    • Rep. Bill Foster (D.-Ill.)
    • Rep. Tulsi Gabbard (D.-Hawaii)
    • Rep. Joe Garcia (D.-Fla)
    • Rep. Ann Kuster (D.-N.H.)
    • Rep. Dan Lipinski (D.-Ill.)
    • Rep. Dave Loebsack (D.-Iowa)
    • Rep. Dan Maffei (D.-N.Y.)
    • Rep. Jim Matheson (D.-Utah)
    • Rep. Mike McIntyre (D.-N.C.)
    • Rep. Patrick Murphy (D.-Fla.)
    • Rep. Bill Owens (D.-N.Y.)
    • Rep. Gary Peters (D.-Calif.)
    • Rep. Collin Peterson (D.-Minn.)
    • Rep. Nick Rahall (D.-W.Va.)
    • Rep. Raul Ruiz (D.-Calif.)
    • Rep. Brad Schneider (D.-Ill.)
    • Rep. Kyrsten Sinema (D.-Ariz.)
    • Rep. Niki Tsongas (D.-Mass.)
    • Rep. Tim Walz (D.-Minn.)



    http://freebeacon.com/politics/meet-...igate-the-irs/
    HAPPY2BME likes this.

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