PROGRAM ALERT..NOW (LOIS LERNER Live Feed)

... Not a smidgen

Untrue. Congress has the power to imprison whomever a majority decide that action is appropriate.

Congress has three formal methods by which it can combat non-compliance with a duly issued subpoena. Each of these methods invokes the authority of a separate branch of government. First, the long dormant inherent contempt power perm its Congress to rely on its own constitutional authority to detain and imprison a contemnor until the individual complies with congressional demands. Second, the criminal contempt statute permits Congress to certify a contempt citation to the executive branch for the criminal prosecution of the contemnor. Finally, Congress may rely on the judicial branch to enforce a congressional subpoena. Under this procedure, Congress may seek a civil judgment from a federal court declaring that the individual in question is legally obligated to comply with the congressional subpoena.

A number of obstacles face Congress in any attempt to enforce a subpoena issued against an executive branch official. Although the courts have reaffirmed Congress’s constitutional authority to issue and enforce subpoenas, efforts to punish an executive branch official for non-compliance with a subpoena through criminal contempt will likely prove unavailing in many, if not most, circumstances. Where the official refuses to di sclose information pursuant to the President’s decision that such information is protected under executive privilege, past practice suggests that the Department of Justice (DOJ) will not pursue a prosecution for criminal contempt. In addition, although it appears that Congress may be able to enforce its own subpoenas through a declaratory civil action, relying on this mechanism to enforce a subpoena directed at an executive official may prove an inadequate means of protecting congressional prerogatives due to the time required to achieve a final, enforceable ruling in the case. Although subject to practical limitations, Congress retains the ability to exercise its own constitutionally based authorities to enforce a subpoena through inherent contempt.

Although subject to practical limitations, Congress retains the ability to exercise its own constitutionally based authorities to enforce a subpoena through inherent contempt.

Certainly, Congress retains the authority to exercise enforce a subpoena through inherent contempt. But I question whether they any longer have the ability (not to mention will).

IIRC, after a negotiated agreement with the Executive branch a number of years ago, the Sergeant at Arms no longer has the authority to make an arrest beyond the bounds of Capitol Hill. And the Capitol Jail has been downgraded to essentially a holding tank, for the purpose of confining any public rowdies for a few hours. It is incapable of feeding any confinees or accommodating them overnight.

The flip side of the agreement was that the DOJ would handle subpoena service, any arrests required and confinement (as with Susan McDonough, e.g.) on a bi-partisan basis.

Obviously, a Democrat Congress could trust a Republican administration to fulfill their obligation. However, the Obama administration simply isn't going to cooperate with a Republican House.

In that regard, the House is legitimately stymied.

Great point, she was excused.>>>>>>>>>>>>>>

Not for long. Contempt process will begin. Lois dear actually waived her 5th amendment rights in the beginning, and so no limited or complete immunity will be offered. Lois is a Trojan Horse. Once she gets immunity, she will claim she organized all of the persecution of conservative groups, she is the “only one” to blame and no one else. In other words she is the scape goat designated by Obama. She gets immunity, takes ALL the blame.

But ISSA is not falling for it. He is going after the whole enchalata.Issa needs to keep at it.Watch Trey Gowdy.

Issa is beginning to have an effect on the Obama Collective. They are slowly going bonkers. Witness Cummings attempt to grand stand.Issa needs to turn up the heat on the IRS and Benghazi scandals , as well as the ATF gun running scandal.

As with the press, This Administration will be protected at all costs. Still Waiting for the “Investigative” arm of the LA Times, to release the Obama tape. (at a Chicago party in honor of Rashid Khalidi) How many years now have they hidden it? During the first ascendance of The King, six (6) years now.
http://www.theblaze.com/stories/2012/09/20/in-wake-of-secret-romney-vid-los-angeles-times-reaffirms-it-will-not-publish-mysterious-obama-recording/

In case you were wondering...

If the full House of Representatives chooses to cite Lerner for contempt, the case would be referred to the U.S. Attorney for the District of Columbia who would be obligated to send the case on to a grand jury. The House can also use the “inherent contempt” process which would allow the House to conduct the case itself without a grand jury, though this process was last used in 1934.

Oversight lawmaker: Holding Lerner in contempt is where we're going

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.