‘Absolutely Un-American’: Dem Rep. Explodes During IRS Investigation Hearing; Issa Walks Out

Mediaite ^ | 3/5/14 | Noah Rothman

[Nachum]

During a hearing of the House Oversight Committee into allegations that the Internal Revenue Service scrutinized conservative groups’ tax-exempt status filings unduly, Rep. Elijah Cummings (D-MD) exploded at Committee Chairman Rep. Darrell Issa (D-CA). Cummings charged that the way in which the proceedings were being conducted were “Un-American.” In apparent protest, Issa then walked out of the committee hearing.

While making a statement before the committee, Issa stood up and asked Cummings to yield.

“If you will sit down and allow me to ask a question,” Cummings insisted. “I am a member of a Congress of the United States of America.”

[Ray76]

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)

Here are a few references from the Congressional Record and Supreme Court rulings

1) The matter of Sam Houston’s assault on William Stanbery is in the House Journal, beginning with Stanbery’s Saturday April 14 letter to the speaker of the House claiming a breach of privilege, the issuance of the arrest order that same day, the bringing of Houston before the House on Monday April 16 through to the Friday May 11 conviction and pronouncement of sentence on Monday May 14 (reprimand). All the while Houston was in the custody of the Sergeant at Arms who arrested him.

The House ordered its sergeant-at-arms to “take in custody, wherever to be found, the body of Samuel Houston”.

“Wherever to be found” is unambiguous.

U.S. House Journal. 1832. 22nd Cong., 1st sess., 14 April.

http://www.memory.loc.gov/cgi-bin/query/r?ammem/hlaw:@field%28DOCID+@lit%28hj025102%29%29:

2) John Anderson had been arrested under a warrant of the Speaker of the House of Representatives, by the Sergeant at Arms, for an alleged contempt of the House, (an attempt to bribe a member). Anderson brought an action of trespass against the Sergeant at Arms of the House of Representatives of the United States, Thomas Dunn, for an assault and battery and false imprisonment.

Anderson v. Dunn - 19 U.S. 204 (1821)

From the opinion of the Court

“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) “The power of either House of Congress to punish for contempt was not impaired by the enactment in 1857 of the statute, Rev. St. § 102 (2 USCA § 192), making refusal to answer or to produce papers before either House, or one of its committees, a misdemeanor.” Jurney v. MacCracken, 294 U.S. 125 (1935)

The Supreme Court case
http://supreme.justia.com/cases/federal/us/294/125/case.html

MacCracken was on several occasions held in custody by the Sargeant at Arms of the Senate. After MacCracken had been released and upon a new warrant being issued for his ignoring a subsequent subpoena, the Sargeant at Arms reported Feb. 12, 1934 that he went to MacCracken’s place of business to arrest MacCracken but he was unable to locate him as MacCracken was in hiding. 73rd Cong., 78 Cong.

The Congressional Record:
https://archive.org/download/congressionalrec78aunit/congressionalrec78aunit.pdf

Go to pdf page 1331 (printed page 2410) at the bottom of the left hand column.

[Whenifhow]

Cummings making a spectacle to take the spotlight off the real issue
*********

Cummings sent 3 letters on House stationery with cc to Issa to Catherine Engelbrecht. Harassment and ethics charges now against Cummings.

[AD from SpringBay]

This becomes the story - not the fact that Lerner failed to testify.

[Ray76]

Ping to post 41

[glennaro]

Maybe -- and I know full well it's a "maybe" of gargantuan proportions -- maybe this behavior by the loud-mouthed congressman and the blatant contempt shown by the accused bureaucrat will make the GOPEs angry enough to stop playing softball with the Democrat Socialists whose objective is to destroy the Republican Party, to crush conservatism and conservatives, and to undermine the U.S. Constitution to the point of irrelvancy!

[TexasCajun]

“We had a hearing. It was adjourned,” Issa replied. “I gave you an opportunity to ask your questions. You had no questions.”

[Ray76]

Each house of Congress has the power to enforce its rules and privileges.

Here’s a 2007 article from “the other side of the aisle” regarding a subpoena of Condoleezza Rice.

http://www.slate.com/articles/news_and_politics/jurisprudence/2007/04/house_arrest.html

[dragnet2]

Funny, I would think that using the IRS to attack Americans who oppose the government would be “unAmerican”.

You didn't get the memo.

Anyone who opposes government is unAmerican and should be considered suspect.

[Ray76]

Joseph Story’s Commentaries on the Constitution, Volume 2, § 842

§ 842. [sic] These are all the powers and privileges, which are expressly vested in each house of congress by the constitution. What further powers and privileges they incidentally possess has been a question much discussed, and may hereafter be open, as new cases arise, to still further discussion. It is remarkable, that no power is conferred to punish for any contempts committed against either house; and yet it is obvious, that, unless such a power, to some extent, exists by implication, it is utterly impossible for either house to perform its constitutional functions. For instance, how is either house to conduct its own deliberations, if it may not keep out, or expel intruders? If it may not require and enforce upon strangers silence and decorum in its presence? If it may not enable its own members to have free ingress, egress, and regress to its own hall of legislation? And if the power exists, by implication, to require the duty, it is wholly nugatory, unless it draws after it the incidental authority to compel obedience, and to punish violations of it. It has been suggested by a learned commentator, quoting the language of Lord Bacon, that, as exception strengthens the force of a law in cases not excepted, so enumeration weakens it in cases not enumerated; and hence he deduces the conclusion, that, as the power to punish contempts is not among those enumerated, as belonging to either house, it does not exist. Now, however wise or correct the maxim of Lord Bacon is in a general sense, as a means of interpretation, it is not the sole rule. It is no more true, than another maxim of a directly opposite character, that where the end is required, the means are, by implication, given. Congress are required to exercise the powers of legislation and deliberation. The safety of the rights of the nation require this; and yet, because it is not expressly said, that congress shall possess the appropriate means to accomplish this end, the means are denied, and the end may be defeated. Does not this show, that rules of interpretation, however correct in a general sense, must admit of many qualifications and modifications in their application to the actual business of human life and human laws? Men do not frame constitutions of government to suspend its vital interests, and powers, and duties, upon metaphysical doubts, or ingenious refinements. Such instruments must be construed reasonably, and fairly, according to the scope of their purposes, and to give them effect and operation, not to cripple and destroy them. They must be construed according to the common sense applied to instruments of a like nature; and in furtherance of the fundamental objects proposed to be attained; and according to the known practice and incidents of bodies of a like nature.

http://press-pubs.uchicago.edu/founders/print_documents/a1_5s21.html

[Cyber Liberty]

That cleared everything up. /s

[Cyber Liberty]

Each house of Congress has the power to enforce its rules and privileges.

Why is Holder walking around free? Kind of puts the lie to common sense, doesn't it?

[ErnBatavia]

[kiryandil]

Sounds like the prospect of Lerner’s compelled testimony has got Cummings spooked.

[crazycatlady]

How is she connected to Cummings? I heard something about this on the radio but wasn’t sure I heard right.

[ErnBatavia]

Lerner who probably now faces charges of Contempt of Congress.

I'd say there are two chances of that....Slim and None - and Slim's HIV+

[MeshugeMikey]

the DOGGIE is adorable...Cummings? not so much!

The dog likely has more common sense than Cummings..and Cummings is not likely any Man’s Best Friend...

[Ray76]

I don’t mean to aim at any poster here, just provide info. Maybe Issa et al will quit their bleating and do their job. The kabuki theater is disgusting.

[Ray76]

Here’s a detailed analysis from a DC think-tank

http://www.constitutionproject.org/documents/when-congress-comes-calling-a-primer-on-the-principles-practices-and-pragmatics-of-legislative-inquiry/

[Cyber Liberty]

The kabuki theater is disgusting.

Boy, do I agree about that. I have taken the most cynical point of view that I can on this IRS thing, and I've come to the conclusion the GOPe wants to bury it as badly as the Rats. The IRS is helping them by knocking off the Tea Party, then taking the heat for it.

If you're Boehner or Issa, you can't lose. I do appreciate the links you posted, thanks. If we had an opposition party, those could be useful.

[MrB]

Two angles on the GOP not wanting to confront this -

one, they hate the Tea Party as much or more than the ‘rats do, and definitely more than they hate the ‘rats.

two, if this becomes incontrovertible, they will be required to DO something about it.