Update: On a daily basis the evidence mounts of rule by gangster government. The latest evidence? A Freedom Of Information Act release reveals that Lois Lerner, DoJ discussed criminal prosecution of tax-exempt applicants.
A corrupt Department of Justice which is a nest for injustice. An executive branch of government whose agencies and departments wield power to oppress the citizenry. There are constitutional remedies as we detail below.
Can executive branch gangster government be brought to justice? Is the American constitutional system of government too outdated, too badly designed, too irrelevant to modern day reality to fight back against a corrupt executive branch that employs all the vast powers of the president and the departments and agencies of government? Is “consent of the governed” no longer required as long as the executive branch, allied with a corrupt Big Media, occupies the west wing of the White House?
The American system of government can survive gangster government. The constitutional system of government instituted by the Founding Fathers and Mothers anticipated just such a corrupt system as we face today.
It is true that a corrupt Barack Obama assisted by the corrupt Attorney General Eric Holder is protected from ordinary legal process. Impeachment likewise is always a threat but that is not a viable possibility yet because there are still sufficient votes in the U.S. Senate to protect Barack Obama from justice and a penitentiary cell.
The same does not hold true for Barack Obama’s henchmen and thugs. Obama’s gangland is vulnerable to the rule of law. Exit the Department of Justice. Enter the inherent contempt power of the American Congress.
The contempt power wielded by Congress was popular amongst our own when the target was George W. Bush:
“Congress’s Power To Compel
It seems that the House Judiciary Committee is considering seeking help from the Justice Department to enforce contempt citations against Bush administration officials such as Joshua Bolten who refuse to respond to congressional inquiries into alleged White House wrongdoing. That would be a mistake.
Such a strategy leaves Congress beholden to hostile executive branch officials to enforce its prerogatives on exactly the type of charges that the administration said this week it would not allow officials to pursue. This strategy also would allow the president to pardon his underlings should they ever be indicted and convicted.”
What we advocated against George W. Bush we support against Barack Obama. The Congress can bypass the corrupt Department of Justice and bring back accountability:
“Yet under historic and undisturbed law, Congress can enforce its own orders against recalcitrant witnesses without involving the executive branch and without leaving open the possibility of presidential pardon.
And a Supreme Court majority would find it hard to object in the face of two entrenched legal principles.
First is the inherent power of Congress to require testimony on matters within its legislative oversight jurisdiction.
So long as Congress is investigating issues over which it has the power to legislate, it can compel witnesses to appear and respond to questions. That power has been affirmed over and over in prosecutions for contempt. [snip]
This power of Congress to punish contemptuous behavior itself was reinforced in 1934. In Jurney v. McCracken, the Supreme Court denied a writ of habeas corpus to a petitioner who had been taken into custody by the Senate sergeant-at-arms for allegedly destroying documents requested in a Senate subpoena.
The limitation on the president’s pardon power was most comprehensively discussed in a 1925 opinion by Chief Justice (and former president) William Howard Taft in the case of Ex Parte Grossman. [snip]
Thus, the congressional alternative. Instead of referring a contempt citation to the U.S. attorney, a house of Congress can order the sergeant-at-arms to take recalcitrant witnesses into custody and have them held until they agree to cooperate — i.e., an order of civil contempt. Technically, the witness could be imprisoned somewhere in the bowels of the Capitol, but historically the sergeant-at-arms has turned defendants over to the custody of the warden of the D.C. jail.”
“So, far from being defenseless against the president’s refusal to prosecute or the threat of presidential pardon, Congress could take into its own custody defiant administration officials who refuse to cooperate with legitimate inquiries into executive malfeasance. Those targets would have the right to seek writs of habeas corpus from the federal courts, but as long as Congress could show a legitimate need for the information it was seeking pursuant to its legislative oversight functions, it would be standing on solid legal ground.“
Congress should get on solid legal ground and prosecute its need for information by bypassing the corruption at the White House and the Department of Justice.
We thought so in 2007. We think so now. Hells bells, this New York Times editorial page commentary agreed with us in 2007 when the target was George W. Bush:
“Congress Has a Way of Making Witnesses Speak: Its Own Jail [snip]
If the Justice Department refuses to enforce the subpoenas, as seems likely, Congress will have to decide whether to do so. Washington lawyers are dusting off an old but apparently sturdy doctrine called “inherent contempt” that gives Congress the power to bring the recalcitrant witnesses in — by force, if necessary. [snip]
This is where inherent contempt comes in. From the Republic’s earliest days, Congress has had the right to hold recalcitrant witnesses in contempt — and even imprison them — all by itself. In 1795, shortly after the Constitution was ratified, the House ordered its sergeant at arms to arrest and detain two men accused of trying to bribe members of Congress. The House held a trial and convicted one of them.
In 1821, the Supreme Court upheld Congress’s right to hold people in contempt and imprison them. Without this power, the court ruled, Congress would “be exposed to every indignity and interruption, that rudeness, caprice, or even conspiracy, may mediate against it.” Later, in a 1927 case arising from the Teapot Dome scandal, the court upheld the Senate’s arrest of the brother of a former attorney general — carried out in Ohio by the deputy sergeant at arms — for ignoring a subpoena to testify.
The Congressional Research Service issued a report in July that confirmed Congress’s inherent contempt powers. It explained how they work: “The individual is brought before the House or Senate by the sergeant at arms, tried at the bar of the body, and can be imprisoned in the Capitol jail.” Congress can do this, the report concluded, to compel them to testify or to punish them for their refusal to do so.
The Bush administration has been acting as if only the executive branch matters. [snip]
This country has seen far too much of this sort of dismissal of Congress’s authority.”
IRS Lois Lerner should be the first to feel the inherent power of contempt of congress and be subjected to a full examination by the full House of Representatives. The hypocrites at the New York Times agreed with us when it was George W. Bush at target range. Now the hypocrites will protect “unitary executive” Barack Obama where once they deplored executive overreach and corruption.
Barack Obama changes laws at will, decides what laws to enforce, yet Big Media protects him. Big Media and Obama Dimocrats will not enforce the law. Will Congress?:
“House Republicans won’t rule out arresting Lois Lerner if Justice Department doesn’t
House Ways and Means Committee Republicans aren’t ruling out the use of the chamber’s “inherent contempt” authority if Attorney General Eric Holder refuses to act on the panel’s accusations against former IRS official Lois Lerner. [snip]
Among those tools is the House’s “inherent contempt” authority under the Constitution, which was initially exercised in 1795 during the First Congress and on multiple occasions thereafter. Lerner could be held until January 2015 when a new Congress is seated, which could issue another subpoena and throw her in the clink again if she still balks at testifying.“
How exactly would the exercise of the inherent power of Congress work?:
“If Congress wants to hold someone in contempt for failure to comply with a subpoena, they can do several things:
(1) Hold congressional contempt proceedings. These are quasi-judicial proceedings, rooted in the constitutional investigatory and legislative power of Congress, in which the members of Congress themselves act as judges, juries, and prosecutors. It is very important to note that this is not a judicial process. The chamber of Congress in question has the power to direct the Sergeant at Arms to arrest someone, bring them before the chamber, and put them in jail, all without seeing the inside of a courtroom.
See McGrain v. Daugherty, for an example of this upheld by the Supreme Court. The Court held that such powers were “necessary and proper” for Congress to carry out its legislative function.
This is the “historical” method by which a chamber of Congress has enforced its subpoenas. It was employed some dozen or more times up until 1934 but it was deemed too time consuming because it required the attention of the whole chamber, sometimes for more than a week. In the 1850s an alternative procedure was hotly debated and eventually created. But this method still exists. And this is the source of what is referred to as the “inherent contempt” proceeding.
For completness’ sake I should mention that individuals imprisoned under this procedure may petition for habeas relief from federal courts. They therefore will have some opportunity (though likely limited) to raise defenses (for example, Fifth Amendment or executive privilege) and challenge the validity of the contempt finding. On the other hand, there is general consensus that this type of imprisonment is not a criminal penalty and therefore is not subject to the presidential pardon power.“
The third option discussed at that post becomes relevant if Republican win the Senate in November. For now the House of Representatives should make it very clear that the corrupt, insolent officialdom at the White House and the Department of Justice as well as the Internal Revenue Service cannot rely on the presidential pardon power or the corruption of the laws by Obama henchmen.
As we warned in November/December of 2008 the “multi-headed Hydra which is the Obama Chicago Culture Of Corruption is growing another head in Washington, D.C.” Years later a groggy acknowledgement from Watergater Bob Woodward: There’s obviously something wrong at the IRS:
“GEORGE WILL, SYNDICATED COLUMNIST: The investigation to take last first, has stalled because the Justice Department has already leaked its conclusion, which is that no one would be prosecuted. It rises to that level because the Internal Revenue Service is the most intrusive and potentially the most punitive institution of the federal government and has been thoroughly politicized. Let me give you five things we know that she’s done right now. She said the delay on approving conservative groups is caused by a serious uptick in applications. The inspector general of the IRS says that is just not true. She said the Tea Party group was very dangerous. In Texas and Kentucky and probably elsewhere, IRS employees have violated the Hatch Act by using federal resources for campaigning and obviously for Barack Obama.
WALLACE: Can we — I just want to point out — because the office of Special Council came out this week with a report and they said, now, there weren’t vast cases although in Dallas they apparently — they were wearing campaign buttons and there are screen saver said Obama and stuff like that. But there was at least one case where if you called the helpline this person was in effect tell you when you should vote for Obama and not for the Republicans because they’ll keep you in this mess. On the IRS helpline. So, (INAUDIBLE) with you recitation, I’m (INAUDIBLE).
WILL: Confidential taxpayer information of the organization, the National Organization for Marriage was leaked to a rival group. And finally, when Senator Schumer and Durbin and others were exerting the IRS to be more political in their application of views, she said with regard to Crossroads GPS, the most important conservative group, we are working on a denial of the application. Not expediting, not coming to a quick conclusion, but we are working on denial of it. That’s why this rises because as Bob Woodward remembers, the Watergate scandal was fundamentally in the words of John Dean using the machinery of the federal government to punish our enemies.
WALLACE: All right, Mr. Woodward, you know something about scandals. And if that’s forgetting them, how serious is the IRS scandal and, you know, I think one of the key questions is, does this really begin and end with a midlevel bureaucrat who we never heard of a year ago named Lois Lerner?
BOB WOODWARD, THE WASHINGTON POST: Well, there is obviously something here. And the question is does this committee know how to investigate? And they’re worried about this one person who has invoked her Fifth Amendment rights not to answer questions and you have congressmen on the committee going on and saying we have evidence she’s involved in criminal activity. I don’t think you should cross that line. The second thing is there’s always one person who’s not going to talk. And when you conduct an investigation like this, I have not gone into the details, you need to find people who will talk. And there are always people who will do this. And, you know, we should dig into it. There should be answers. It’s quite correct. And for the president to take that position is very, very unusual and say there is not a smidgeon of evidence here. I mean George has got a good list — I think, actually, there’s more. And there’s a question and you’re right, the IRS particularly this week as we know will file our tax returns has a big place in everyone’s life. And they have immense power. And the power of the federal government to come and say we’re auditing you or we’re going to do something to you, I mean it’s a ten ton truck coming at you. And it’s the sort of thing that the leadership and the White House should take a position. Look, we will not tolerate this. [snip]
HUME: Chris, the same set of facts that Bob and George have described would have touched off, I think, in previous days a media firestorm. What we had was kind of a campfire in most of the media, which was doused before very long and the story has been basically dormant. We at Fox News have continued to pursue it and some other media outlets have as well. But when that kind of firestorm occurs, it creates an atmosphere in Washington where for the administration with a message to try to promote day by day, you can’t get it out. You can get nothing out. We can all remember what it was like. And that creates a hothouse sort of atmosphere, in which all investigations end up being accelerated. There are minute details leaked, they get reported and the thing develops a life of its own and ultimately the combination of things, you know, brings the issue out and you get to the facts. It has not happened here.”
Big Media will protect Barack Obama and his gangster government. It will be up to Congress to get the truth.
Since the beginning of the IRS scandals we have stated that a special select committee was needed. Instead on issue after issue we have seen mostly bumbling from the committees charged with investigation.
Soon the entire House of Representatives will have to rise up to defend the law. The Constitution provides the shield and sword of law for the House of Representatives to take back representative government from the corrupt gangster government of Barack Obama. “This government of the people, by the people, and for the people. shall not perish from the earth” unless Congress and the people abandon principles and the solid rock of law.