Posted on 04/06/2015 1:27:41 PM PDT by detective
On March 31, Ronald Machen, the outgoing U.S. attorney for the District of Columbia, wrote House Speaker John Boehner to inform him that the Justice Department would not present Lois Lerner’s contempt citation to a federal grand jury.
The letter explaining his decision is an exercise in misdirection—the kind of misdirection that magicians use to fool an audience. Why? Because at no point in his detailed, seven-page legal analysis does Machen mention the most important point demonstrating that Lerner did, in fact, waive her Fifth Amendment right.
(Excerpt) Read more at dailysignal.com ...
I’ll be praying the next administration pursues this injustice,if Cruz becomes our next president i want to believe this could happen.
If I were Lois Lerner I would be sending money to Jeb Bush.
It would take a Cruz, and nobody else. The rest are a bucket of warm spit.
If I were Lois Lerner I would be sending money to Jeb Bush.
The truth has a funny way of coming to the forefront!!
Why would we expect anything different. It took over a year to get the “NON ACTION”. If she was inerviewed by DOJ then the Committee has that interview. It certainly can’t be classified. Print it out so all can see what she did and said. Let the people choose. Why would it matter whether she waived her rights. They can still proceed with the DOJ interview and the information contained therein.
His best theory would be that there was no possibility of criminal charges from an Obama justice dept when she did her original interview. She knew she was safe because, well, they could have found her over a dead tea party body with a smoking gun and Holder would not indict her.
Therefore, under the Ellis case, there is a chance of “further criminalzation” in the congressional proceedings.
The flawed legal analysis is an assumption that the Obama Justice Department would function like anything other than yet another a political arm of his Administration.
>>Once the House of Representatives has voted to find a witness in contempt, the speaker of the House must certify the matter to the “appropriate United States Attorney, whose duty it shall be to bring the matter before the grand jury for its action”<<
What part of duty is not clear? A duty is an action you MUST do, not may or could or should.
I guess that Johnny Boy will shed a few crocodile tears and mutter “We tried” while hiccuping his speech. Then he and the other thieves, liars and perverts will get together and laugh at how they put one over on us - AGAIN.
INTENTIONALLY “Flawed” and Bogus! But absolutely NO ONE will do a damn thing about it.
The Lerner decision by the DOJ is even worse than people thought. They simply lied.
...
And the GOPe will do nothing about it because they have no problem with the IRS being used as a weapon against Conservatives.
Bingo!
More misdirection and half truths.
Appearing before CONGRESS you have NO RIGHTS, You have the right to answer truthfully, that is all, you HAVE NO RIGHT against Self Incrimination, You Have NO RIGHT to say no, YOU HAVE NO RIGHTS AT ALL BEFORE CONGRESS, those are for the Judicial Branch of Government.
They dont have to, CONGRESS can do it on their Own!!
Congress has ALL the power in washington, the executive and judicial branch operate according to the whims of CONGRESS!
Congress can Remove the President
Congress can remove the head of every executive agency
Congress can remove ALL of their employees
Congress can Abolish every agency they so choose
Congress can remove EVERY JUDGE IN AMERICA, including every supreme court justice.
Congress can abolish every federal court except the supreme Court
Congress can decide which cases the Judicial Branch can hear and decide
CONGRESS can Imprison ANYONE they want for any reason they so desire for as long as they wish.
Congress can declare WAR
No other governing body has even 10% of the power CONGRESS has!!
CONGRESS IS ALLOWING ALL OF IT!!!
Congress has the authority to arrest and imprison those found in Contempt. The power extends throughout the United States and is an inherent power (does not depend upon legislated act)
If found in Contempt the person can be arrested under a warrant of the Speaker of the House of Representatives or President of the Senate, by the respective Sergeant at Arms.
Statutory criminal contempt is an alternative to inherent contempt.
Under the inherent contempt power Congress may imprison a person for a specific period of time or an indefinite period of time, except a person imprisoned by the House of Representatives may not be imprisoned beyond adjournment of a session of Congress.
Imprisonment may be coercive or punitive.
Some references
[1] Joseph Story’s Commentaries on the Constitution, Volume 2, § 842
http://press-pubs.uchicago.edu/founders/print_documents/a1_5s21.html
[2] Anderson v. Dunn - 19 U.S. 204 - “And, as to the distance to which the process might reach, it is very clear that there exists no reason for confining its operation to the limits of the District of Columbia; after passing those limits, we know no bounds that can be prescribed to its range but those of the United States.”
http://supreme.justia.com/cases/federal/us/19/204/case.html
[3] Jurney v. MacCracken, 294 U.S. 125
http://supreme.justia.com/cases/federal/us/294/125/case.html
73rd Cong., 78 Cong. Rec. 2410 (1934)
https://archive.org/details/congressionalrec78aunit
[4] McGrain v. Daugherty, 273 U.S. 135 - Under a warrant issued by the President of the Senate the Deputy to the Senate Sergeant at Arms arrested at Cincinnati, Ohio, Mally S. Daugherty, who had been twice subpoenaed by the Senate and twice failed to appear.
http://supreme.justia.com/cases/federal/us/273/135/case.html
[5] Rules of the House of Representatives, Rule IV Duties of the Sergeant at Arms - [] execute the commands of the House, and all processes issued by authority thereof, directed to him by the Speaker.
http://www.gpo.gov/fdsys/pkg/HMAN-105/pdf/HMAN-105-pg348.pdf
[6] An analysis of Congressional inquiry, subpoena, and enforcement
http://www.constitutionproject.org/documents/when-congress-comes-calling-a-primer-on-the-principles-practices-and-pragmatics-of-legislative-inquiry/
But otherwise, yeah. Congress has all sorts of power, and seems to spend most of its energy in not acting, which facilitates avoiding of accountability. Can't budget without the president? C'mon.
A flawed legal analysis? How about a flawed DOJ?
Congress’s power doesn’t trump the right to not give evidence that is self-incriminating”
Oh yes it does, those “rights” are when in front of a Court of Law, NOT CONGRESS, They can Imprison you for NOT testifying, regardless. READ THE CASES at the Links.
YOU HAVE NO RIGHTS BEFORE CONGRESS!!
Absent the fifth, Congress and courts have the same power to compel testimony, the inherent contempt power.
And they could have JUST JAILED HIM, they did not need to offer anything, And Jailed him again, and again, ...They could of also sent him to Costa Rica for the WARRANT THEY HAVE FOR HIS ARREST ON DRUG SMUGGLING CHARGES.they did so to demonstrate they care, when in reality they are just as complicit.
its (lawful) power of imprisonment is limited
Only in the House, until the Session is adjourned, on the Senate side, there is NO LIMITATION, They can Imprison you for LIFE or EXECUTE you.
I'd like a cite to authority for the proposition that Congress has the authority to execute a death sentence. The founders didn't want any branch to have all that power, hence the olde separation of powers doctrine.
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