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Posted on 07/10/2014 3:37:41 PM PDT by Ray76
The text of the resolution, H.Res. 664, follows.
Providing for the arrest of Lois G. Lerner to answer the charge of contempt of Congress
IN THE HOUSE OF REPRESENTATIVES
Mr. STOCKMAN submitted the following resolution, which was referred to the Committee on ______________
RESOLUTION
Providing for the arrest of Lois G. Lerner to answer the charge of contempt of Congress
Whereas Lois G. Lerner, former Director, Exempt Organizations, Internal Revenue Service, has been found to be in contempt of Congress for willfully and intentionally refusing to comply with a congressional subpoena duly issued by the Committee on Oversight and Government Reform, thereby obstructing the Congress in the lawful exercise of its constitutionally mandated legislative powers; and,
Whereas such behavior is an insult to the dignity of the House of Representatives, an attack upon the integrity of its proceedings, works violence upon the rights of the House collectively, and therefore implicates the long-recognized inherent power of the House to punish and commit for contempt, privileged under the Constitution; and,
Whereas recent history with similarly contumacious and insolent witnesses such as Eric Himpton Holder, Junior, strongly suggests that the present statutory judicial rubric set up to punish and reform such insubordinate and obstructionist witnesses would be ineffective in this case, as it is likely that the US Attorney for the District of Columbia would refuse to perform his lawful duty to bring the offending contemnor Lerner before a Grand Jury and prosecute the same for her misconduct pursuant to section 104 of the Revised Statutes of the United States (2 U.S.C. 194) and section 102 of the Revised Statutes of the United States (2 U.S.C. 192); and,
Whereas the executive and judicial branches’ prolonged and dawdling failure to prosecute Attorney General Holder’s insolent contempt of the 112th Congress strongly suggests that a like proceeding against contemnor Lerner would be similarly futile, and the threat of such prosecution has clearly been insufficient to encourage contemnor Lerner to be honest and candid with the Congress regarding the heinous actions of the Internal Revenue Service;
Now, therefore, be it
Resolved, That the Speaker issue his warrant, directed to the Sergeant-at-Arms, or his deputy, commanding him to arrest and take into custody forthwith, wherever to be found, the body of Lois G. Lerner, and bring her to the bar of the House without delay to answer to the charge of contempt of its authority, breach of its privileges, and gross and wanton insult to the integrity of its proceedings, and in the meantime keep the body of Lerner in his custody in the common jail of the District of Columbia, subject to the further order of the House. While in custody, Lerner shall enjoy no special privileges beyond those extended to her fellow inmates, shall not access any computer or telephone, and shall not be visited by anyone other than her counsel, clergy, physician, or family.
ABOUT TIME.....IF this is for REAL!!! Although she can’t be arrested unless she shows up on Capital Hill!!
Shall we start a lottery as to when the ‘Speaker’ issues this warrant?
And does anybody know where Ms Lerner is now?
bump
She can be arrested wherever to be found.
Is this real or wishful thinking?
HR 664 is real.
Fortunately, the arrest authority seems unlimited.
"...to arrest and take into custody forthwith, wherever to be found...".
I just heard for the 4th time, that she can only be arrested if she showed up on the Hill!!!!! How would the Sergeant at Arms have jurisdiction anywhere but the HILL????
Anybody know if he has any sponsors or who they are?
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/
When the Clinton Administration left office, they took the extraordinary step of converting political appointees into Civil Service and Senior Executive Service positions. This has never been done before following a long tradition of separating the political class in Washington from the non-partisan civil servants. The Clintons washed this away with a few strokes of the pen. These people fell off the radar screen and blended into the mass of bureaucrats who were mostly Democrats anyway. But, these were no ordinary bureaucrats. They were partisan activists, willing to break any law, subvert any regulation, ignore any Administration policy in order to advance the Progressive agenda.
When George W. Bush left office they emerged from their role as moles and began to openly advance the cause of their Lord and Master Obama. Lois Lerner is one of the parasitic moles and she has a very well documented history of partisan activity. They have completed infiltrated our government, though certain areas like the IRS and EPA were particular targets. They have been set loose by their handlers to help destroy our system of government and way of life.
Lois Lerner deserves the firing squad. She will probably get a fully funded civil service retirement with financial supplements from the Soros of the world.
Whatever....
Bone-sucking-er and I-slow won’t pursue this and some technicality will be found that makes this some imperfection...
A most thorough and excellent summary, Ray76. Good job.
Sponsors? No.
He quit AA years ago and drinks rot gut regularly...
Have my doubts with Bonehead the GOPe leader.
The citation by the House back in May was of a criminal nature and was referred to AG Holder.
This House Resolution is based on the House’s inherent authority and the Speaker’s power to arrest, and has been affirmed by the USSC on several occasions. The language was no doubt prepared with the help of the House’s legal staff, and it suggests they strongly believe the House has arrest powers wherever she can be found.
This resolution was assigned to a congressional committee on July 10, 2014, which will consider it before possibly sending it on to the House or Senate as a whole.
40% chance of going any where. will die in committee.
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