Congress Holds Lerner in Contempt

Photo Credit: AP / Carolyn Kaster

Photo Credit: AP / Carolyn Kaster

By Stephen Ohlemacher.

House Republicans voted Wednesday to hold a former Internal Revenue Service official in contempt of Congress for refusing to testify at a pair of committee hearings about her role in the agency’s tea party controversy.

The House also passed a nonbinding resolution calling on the Justice Department to appoint a special counsel to investigate the IRS.

Lois Lerner directed the IRS division that processes applications for tax-exempt status. A year ago this week, Lerner publicly disclosed that agents had improperly singled out tea party applications for extra, sometimes burdensome scrutiny.

An inspector general’s report blamed poor management but found no evidence of a political conspiracy. Many Republicans in Congress believe otherwise.

“Who’s been fired over the targeting of conservative groups by the IRS? No one that I’m aware of,” House Speaker John Boehner, R-Ohio, said Wednesday. “Who’s gone to jail for violating the law? When is the administration going to tell the American people the truth?”

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In Showdown With Lerner, House Imprisonment Not Out of the Question

By Katy O’Donnell.

Former tax official Lois Lerner’s confrontation with Congress over a potential contempt citation may get emphatically more dramatic, depending on how far back into congressional history House Republicans want to reach.

Deep in the recesses of congressional power — and in precedent stretching back to the 18th century — is the ability to pursue “inherent contempt” against individuals, including the right to imprison a person in the Capitol to compel compliance with lawmakers’ authority.

Congress hasn’t exercised inherent contempt power since 1935 and there’s no suggestion that lawmakers are actively considering the option in Lerner’s case.

But House attorneys, and lawyers for the former Internal Revenue Service official, are looking at the potential legal paths as House leaders consider first whether to take a contempt citation to the floor and, if it passes, whether the Justice Department will pursue prosecution.

The House Committee on Oversight and Government Reform voted on party lines to recommend the full House hold Lerner in contempt and refer her to the Justice Department for refusing to testify before the committee on allegations of political targeting at the IRS of conservative political groups seeking tax-exempt status. The GOP members said Lerner, who resigned from the IRS last year under fire for her role as the head of the office at the heart of the controversy, waived her Fifth Amendment privilege by delivering an opening statement declaring her innocence before the panel last year.

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