Archive

Posts Tagged ‘contempt’
June 28th, 2013 at 2:33 pm
IRS Scandal Could Net Congressional Contempt Citation

Lois Lerner impliedly waived her Fifth Amendment right against self-incrimination, according to a party-line vote in the House Government Oversight Committee today.

Lerner entered a brief statement declaring her innocence before invoking the Fifth Amendment during a May 14 appearance before the committee to discuss her role in the IRS scandal targeting conservative groups for extra scrutiny.

Soon after, Lerner was placed on administrative leave from the IRS.

The resolution is the first step in a process that could result in a Contempt of Congress citation against Lerner. If so, she would be the second Obama administration political appointee to receive the highest form of censure by a congressional chamber.

The other person: Attorney General Eric Holder.

H/T: Washington Post

November 8th, 2012 at 3:47 pm
Holder Sounds Like He’s Leaving

Sounds like the Contempt of Congress citation and ongoing Fast and Furious litigation is getting to the Attorney General:

“That’s something that I’m in the process now of trying to determine,” Holder said. “I have to think about, can I contribute in a second term?”

“[I have to] really ask myself the question about, do I think there are things that I still want to do? Do I have gas left in the tank? It’s been an interesting and tough four years, so I really just don’t know,” Holder told [a group of law] students.

If Alberto Gonzalez can be hounded into resigning for firing federal prosecutors who work for him, then Eric Holder can be shown the door for hiding his role in a gun-walking program that killed dozens of Mexicans and at least one American Border Patrol agent.

Assuming Holder leaves, the next question is whether Obama can find his version of Michael Mukasey to replace him.

If so, it would be one of a series of smart moves the President could do to get his second term off to a bipartisan start.

H/T: CBS News

October 26th, 2012 at 1:03 pm
Fast & Furious Lawsuit Accelerates

Politico: “A House committee’s lawsuit against Attorney General Eric Holder over his refusal to turn over some documents related to the fallout from Operation Fast and Furious will move forward at a faster pace than the parties requested, a federal judge ruled Wednesday.

“The Justice Department moved on Oct. 15 to throw out the lawsuit brought by the House Oversight and Government Reform Committee and agreed with the House panel that it’s lawyers could have two months to respond to that motion. However, U.S. District Court Judge Amy Berman Jackson rejected that proposal on Wednesday, saying that the House committee should file its response by Nov. 16.”

The quicker review means that the next step in the Fast and Furious scandal – whether President Obama can be compelled to hand over documents relating to the Mexican gun-running operation – won’t get buried in the last days of the lame duck session.

Good for Judge Berman.  America needs a timely resolution to this issue.

October 1st, 2012 at 5:35 pm
Romney and Ryan Say Holder Should Resign or Be Fired

The Daily Caller reports that “Republican vice presidential candidate Paul Ryan agrees with presidential candidate Mitt Romney’s call for Attorney General Eric Holder to resign, or for President Barack Obama to fire him, over Operation Fast and Furious.”

Ryan is now the 131st member of Congress to say Holder should resign or be fired.

This is about more than politics.

Now that Univision has uncovered evidence that a massacre of 14 teenagers in Ciudad Juarez was perpetrated with Fast and Furious guns, and identified “57 more previously unreported firearms that were bought by straw purchasers monitored by ATF during Operation Fast and Furious, and then recovered in Mexico in sites related to murders, kidnappings, and at least one other massacre,” it is now impossible to let Holder escape responsibility for a program he claims he knew nothing about.

Even though the Department of Justice’s non-partisan Inspector General could find no direct evidence of Holder’s knowledge, the same IG told congressional investigators that “we struggle to understand how an operation of this size, of this importance, that impacted another country like it did, could not have been briefed up to the attorney general of the United states.  It should have been, in our view.  It was that kind of a case.”

And let’s not forget that Holder’s Contempt of Congress citation was directly linked to the White House’s dubious extension of executive privilege to cover a cabinet member.

So, either Eric Holder is being shielded from culpability because of the White House’s refusal to provide the relevant documents, or the U.S. Attorney General didn’t know about a major program that could, and did, jeopardize America’s relationship with Mexico.

Either way, Romney and Ryan would do voters a service by highlighting this colossal failure of leadership by key people in the Obama Administration.  If Holder’s job is safe, and the President is reelected, no one should be surprised if we get more of the same for the next four years.

June 20th, 2012 at 5:31 pm
House GOP Votes AG Holder in Contempt

As an update to my previous post, here’s the latest from The Hill:

A House panel voted Wednesday to place Attorney General Eric Holder in contempt of Congress for his failure to comply with a subpoena, defying an assertion of executive privilege from President Obama.

The House Oversight and Government Reform Committee, led by Republican Chairman Darrell Issa (Calif.), approved a resolution along party lines to place Holder in contempt after battling him for months over access to internal agency documents about the gun-tracking operation Fast and Furious.

All 23 Republicans on the committee voted for the contempt resolution, while all 17 Democrats voted against it. Every member of the panel was present for the vote.

There are still many off-ramps on the road towards Eric Holder being perp walked into federal prison for being found guilty of contempt of Congress.

Next week the full House will vote on the Oversight Committee’s contempt citation.  If it passes, the U.S. Attorney for the District of Columbia will convene a grand jury to decide on an indictment.  If that is successful, then Holder would have to be found guilty by another jury.  Only then would he be eligible to serve the one-year sentence for refusing to comply with Issa’s repeated requests for documents related to the Fast and Furious scandal.

The process is lengthy, and anyway is beside the point.  The reason Issa and the Republicans are pushing the contempt process forward isn’t to see the U.S. Attorney General go to prison.  It’s to apply the necessary pressure on a recalcitrant Obama administration to release information about one of the dumbest and most tragic federal misadventures in recent memory.

Hiding behind eleventh hour claims of executive privilege won’t make that task any easier.  If Holder and President Barack Obama want to avoid letting Fast and Furious become this administration’s Iran Contra, Holder better personally deliver assurances to Issa that he’s ready to fully cooperate.

And if he can’t because there’s damning information about a DOJ-White House cover-up, get ready for a Watergate role reversal with Republicans in Congress making a Democratic president’s life miserable.

June 20th, 2012 at 1:46 pm
Executive Privilege Means Obama Owns Fast & Furious

Today marks a dramatic turn in the Fast and Furious scandal with the Obama White House announcing this morning that the documents sought by House Republicans are protected from disclosure by executive privilege.

For the first time since news broke of the Department of Justice gun-walking fiasco, the President of the United States is claiming an interest in DOJ’s internal deliberations about a program that purposefully armed Mexican drug cartels and ultimately allowed a drug runner to murder a U.S. Border Patrol agent.

In the short term, the president’s announcement may make House Oversight Chairman Darrell Issa’s contempt vote closer than it would have been, if some members decide that an executive privilege claim inoculates Holder from punishment.  My guess is that Obama’s announcement will embolden Republicans on the committee to go ahead with the contempt vote and give Democrats a talking point after they lose.

In the long term, today’s executive privilege claim finally elevates Fast and Furious into a surefire campaign topic for the fall.  As long as the scandal was defended as a policy decision gone bad – especially one that was until today linked to the previous Republican administration – it was unlikely that conservatives would make Fast and Furious into a campaign theme.

But now that’s changed for two reasons.  First, as of today DOJ has rescinded its claim that Bush’s Attorney General Michael Mukasey knew about Fast and Furious, thus admitting that the idea and its consequences belong completely to the Obama administration.  Second, Obama’s claim of executive privilege means that he is now claiming ownership of the program.

I suspect that the documents being withheld would make the case for the resignation or impeachment of Eric Holder or another high-ranking DOJ official.  Claiming executive privilege helps delay the reckoning, but it opens the door for Mitt Romney and others – most notably Issa and other congressional investigators – to ask White House officials directly – and President Obama indirectly – about the president’s knowledge, involvement, and approval of Fast and Furious.

Game on.