According to this article:
Congress’s Contempt Power and the
Enforcement of Congressional Subpoenas:
Law, History, Practice, and Procedure
Todd Garvey
Legislative Attorney
Alissa M. Dolan
Legislative Attorney
August 17, 2012
http://www.fas.org/sgp/crs/misc/RL34097.pdf
the House has the power to incarcerate Lerner until she testifies, however, that power has not been used in modern times.
It is difficult for me to imagine Lerner’s lawyer not warning her about this.
It is difficult for me to imagine Lerner proceeding according to some plan.. But if she did proceed according to a plan, the plan would be a classic Obama chicken ploy: a constitutional showdown.
IIRC, executive privilege generally cannot be invoked unless matters of national security are involved. I suppose Obama could toss a monkey wrench into the courts by claiming IRS investigations of the Tea Party groups tax status falls under national security, but that is a fairly wild claim that I think most people would agree could not be expected to hold up in court. Once in the court system, it would just be a festering boil, periodically popping up with more bad news for the Democrats up to and beyond 2014.
Personally I would like to see Lerner in handcuffs and led off by the Sergeant at Arms if she continues to refuse to testify. I think that would make a good visual for the real face of the IRS.
” I suppose Obama could toss a monkey wrench into the courts by claiming IRS investigations of the Tea Party groups tax status falls under national security,”
Well,,, someone has been sending the DHS to TEA Party gatherings.