Analysis: Lois Lerner Can Be Held in Contempt for Her Failure to Testify

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While Lois Lerner’s reassertion of the Fifth Amendment, as well as the confrontation between Committee Chairman Darrell Issa (R–Calif.) and Rep. Elijah Cummings (D–Md.), soaked up all of the media coverage of the IRS scandal last week, one interesting news item did not get much attention: the revelation by Lerner’s attorney, William Taylor III, that Lerner had given “a lengthy interview to Justice Department prosecutors within the last six months.” Even more surprising was Taylor’s admission that Lerner gave DOJ her testimony without getting any immunity from prosecutors.

If that is true, the former IRS official’s reassertion of the privilege against self-incrimination at the March 5 hearing of the House Committee on Oversight and Government Reform is problematic. While the prevailing rule in most federal courts is that a waiver of the Fifth Amendment privilege at one proceeding does not carry through to another proceeding, that is not the rule in the District of Columbia.

In Ellis v. U.S. (1969), the D.C. Court of Appeals specifically refused to adopt that rule, saying it was “unsound.” As the court held, “once a witness has voluntarily spoken out, we do not see how his protected interest is jeopardized by testifying in a subsequent proceeding, provided he is not required to disclose matters of substance which are unknown to the Government.” Under those circumstances, the court held, a person can reassert the privilege only if there is a “real danger of further criminalization.”

Ellis involved a defendant who voluntarily testified before a grand jury but then refused to testify at trial, asserting his Fifth Amendment privilege against self-incrimination. Similarly, if Lerner—without receiving a grant of immunity—voluntarily spoke to Justice Department prosecutors and/or FBI agents involved in investigating IRS targeting of conservative groups, she cannot now invoke the privilege to avoid answering congressional questions that would require her to give the same information she has already provided to criminal investigators.

The Wall Street Journal reports that Taylor said he allowed his client to talk to DOJ because he had “every confidence” that prosecutors are fair-minded and haven’t prejudged the facts. In contrast, Taylor claimed that GOP committee members only want to “vilify” Lerner. But as any competent criminal defense lawyer can attest, you can’t assert the Fifth Amendment to avoid being “vilified”; you can assert it in a congressional setting only to prevent your hearing testimony being used against you in a criminal prosecution by the government. And in the D.C. Circuit, unlike every other circuit, you cannot assert the Fifth Amendment to avoid giving the same testimony that you have already provided to the government.

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Another ObamaCare Fiasco: Pastor On Hook for $100,000 Medical Bills, Could Have Kept Health Insurance

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Photo Credit: Matthew MorganMatthew Morgan was crumpled on the pavement lying in a pool of blood. Bones had torn through his flesh. His left foot was nearly severed. As he lapsed into and out of consciousness, a jarring thought crossed the Baptist preacher’s mind: he no longer had health insurance.

“That was one of the first thoughts I had after I got hit,” Matthew told me in a telephone interview from his home in Indianola, Miss.

Matthew is a bi-vocational pastor. He ministers to two congregations and works a full-time job at the Indianola Pecan House. The 27-year-old is married and has four children. His oldest is five, the youngest is one. And on Feb. 17th he became a victim of ObamaCare.

Matthew Morgan was a creature of habit. Every morning before the sun rose over the Mississippi Delta, he would lace up his running shoes, and pound the pavement with three other runners. Twelve mile runs were the norm but on the 17th – they decided on a lighter run. The nine-mile run that day would take them deep into the countryside.

It was Monday. 5:45 a.m. The runners had just reached the turn-around point. Two were setting the pace. Matthew and another runner trailed behind. He saw a car approaching and Matthew crossed over to the other side. It was a move that would soon have life-altering implications.

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Miller on Club for Growth Endorsement: ‘I Never Expected to be K Street’s Candidate’

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Photo Credit: Breitbart Fairbanks, Alaska. March 12, 2014 – Joe Miller expressed disbelief at the Washington-based Club for Growth’s endorsement of Dan Sullivan in the Alaska senate race earlier today.

“It is unfortunate that Club for Growth would insert themselves into a contested primary to work against advocates of the free market,” Miller said. “But I never expected to be K Street’s candidate. We won the 2010 primary without their help, and we expect to do it again.”

National media has been quick to point out the group’s support of Joe Miller’s candidacy in 2010, but Club for Growth declined to endorse Miller against the most liberal Republican Senator seeking re-election that year. Only after Miller’s stunning primary victory did he receive an endorsement for his run against Democrat Scott McAdams.

Miller continued, “We are undeterred. This is not a time for fair weather friends and sunshine patriots. I am not surprised that an organization thousands of miles from Alaska, inside the Washington DC bubble, may see things differently than the folks on the ground.”

The Miller campaign would like to offer a constructive piece of advice. It may be a good idea to vet candidates before throwing one’s reputation away. It is regretable that Club for Growth would cast their vote for the status quo. Dan Sullivan is just another big government crony capitalist.

Had they done their homework they would have known that Dan Sullivan’s campaign is funded by international finance – to include former President of the World Bank Robert Zoellick; President and CEO of the International Institute of Finance Timothy Adams; former Chairman of the Board of the New York Federal Reserve Stephan Friedman; the wife of former Treasury Secretary Henry Paulson; Jeffery Reuben III, CEO of Rockefeller and Company; numerous Goldman Sachs executives; George W. Bush’s Chief of Staff Josh Bolton, etc. In other words, many of the architects of the Big Bank and Wall Street Bailouts that Club for Growth claims to oppose.

In addition to his ties to corporate welfare, Sullivan has clearly supported international welfare and the international community’s shakedown of American taxpayers for billions for the “climate change” scam, and more . . .

“I know my candidacy will not have the backing of Wall Street or K Street. It will also not have the support of the party elite in Washington or in Alaska. To curry favor with the Establishment is not why I am running for U.S. Senate,” said Miller. “I am running because I believe our nation has reached a critical juncture. As I travel the state, I am stirred with hope, because people throughout Alaska get it. They know the path we are on leads to the downfall of our nation, and they want real change, real reform. With their support on Election Day, I will bring their voice and their vote to our nation’s capital.”

Joe Miller is a husband, father, combat veteran, businessman, and advocate for constitutional liberty, who believes in limited government, individual rights, private property, free markets, and the Right to life.

McConnell and Begich Rank in the Top Ten Receivers of Lobbyists’ Money; See the Others

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Photo Credit: Open SecretsIt seems a lobbyist’s work is never done.

You have to know policy, wrangle with legislative language, persuade important people of the rightness of your cause, market yourself to clients. And then, for many on K Street, there’s another key part of the job: pulling out your checkbook. Federal lobbyists are often campaign contributors, too — sometimes offering, sometimes responding to not-so-subtle requests.

And the sums can be large. In fact, the 25 lobbyists who have given the most to political campaigns in the first half of the 2014 cycle have combined to give a total of $1.85 million. Whether they give strategically or out of partisan passion depends on the donor, but there’s little doubt that their generosity can play a role in wedging doors open in congressional office buildings.

Or, as sixth-ranking lobbyist-donor Ben Barnes put it, “I think anyone could be sanctimonious and say they’re donating for the love of their country, but how you make a living has something to do with it.” Barnes, whose clients include Texas A&M University, Texas Gulf Energy and Huntsman Corp., has long been a fixture of Democratic politics in Texas, and is a top bundler for congressional campaigns. So far in this cycle, he has given out about $79,000.

Lobbyists rank 13th among all interest groups in contributions so far in the 2014 campaigns, a jump from 22nd at the end of the 2012 cycle. Individual lobbyists contributed far more than lobbying firms’ PACs — 22 times as much.

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Shocking Viral Video Gives a Dose of Realism to Syrian Violence

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Please note that Restoring Liberty’s sharing of this video does not constitute an endorsement of, or support for, the producing organization or its fundraising efforts.

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Photo Credit: Reuters Christians fleeing Syria head to Turkish ‘homeland’

By Ayla Jean Yackley.

When Louis Bandak fled the violence in Syria, he sought refuge in the country his grandfather was forced to abandon exactly 90 years ago this week.

Bandak, his wife and two daughters are part of a small but growing trickle of Christians arriving in Turkey after three years of civil war in Syria killed more than 140,000 people.

“Although I had never been here before, it does not feel strange. This too is my homeland,” says Bandak, sitting in warm winter sun outside the 5th Century Mor Abrohom Monastery in Midyat, 30 miles (50 km) north of the border.

While most Christian refugees are in Lebanon or Jordan, countries with which they share linguistic or cultural ties, several thousand have come to Turkey. For many it is a reversal of their ancestors’ flight around a century ago, when World War One and the subsequent building of the post-Ottoman Turkish state made Turkey a hostile land for millions of Christians.

The sectarian strife that has rent apart Syria’s delicate multi-ethnic fabric has spawned a severe humanitarian crisis and driven 2.5 million refugees into neighboring countries.

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US Network to Scan Workers with Secret Clearances

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Photo Credit: AP Photo/The Guardian, Glenn Greenwald and Laura PoitrasStung by internal security lapses, U.S. intelligence officials plan to use a sweeping electronic system to continually monitor workers with secret clearances, current and former officials told The Associated Press.

The system is intended to identify rogue agents, corrupt officials and leakers and draws on a Defense Department model under development for more than a decade, according to officials and documents reviewed by the AP.

Intelligence officials have long wanted a computerized system that could monitor employees, in part to foil leakers like former National Security Agency analyst Edward Snowden, whose revelations bared massive U.S. surveillance operations. Such a system might also detect troubling signs in those who already hold security clearances, such as the shooter in last year’s mass killings at Washington’s Navy Yard. Many of the nearly 4 million government employees who hold secret clearances would be scanned by the new system, officials say.

An administration review of the government’s security clearance process due this month is expected to support continuous monitoring as part of a package of comprehensive changes.

Privacy advocates and government employee union officials expressed concerns that electronic monitoring could intrude into individuals’ private lives, prompt flawed investigations and put sensitive personal data at greater risk. Supporters say the system would have safeguards.

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Obama: Shut Off Your Cable and Cell Phone So You Can Afford Healthcare (+video)

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That’s basically the gist of President Obama’s recent suggestion.

Last week, he participated in a town hall event geared toward the Hispanic community. One of the questions for him came from a man with a $36,000 annual income, who feels that his minimum monthly premium under Obamacare is too much for him. After offering Medicaid as a possible solution — and blaming states like Texas and Florida for not properly expanding Medicaid — President Obama suggested that people struggling to afford their monthly health insurance premiums just “haven’t prioritized health care,” and they might want to cut back on their cable and cell phone service.

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Did Secret CIA Whistle-Blower Leak to the Senate?

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Does the Central Intelligence Agency have a secret whistle-blower who has been trying to help the Senate Select Committee on Intelligence investigate his or her own agency? That’s a possibility that panel chairman Sen. Dianne Feinstein (D) of California mentioned Tuesday on the Senate floor in her angry speech alleging that the CIA has illegally spied on committee computers.

At issue is how Intelligence Committee staffers obtained portions of a sensitive internal CIA study named the “Panetta report,” after former agency chief Leon Panetta.

Senator Feinstein in essence said that the Panetta report fell from the sky into the committee’s lap. Staffers flipping through millions of pages of digitized CIA documents, about Bush-era harsh interrogations of terror suspects, simply found the report via a CIA-provided search tool, according to the committee head.

“We have no way to determine who made the internal Panetta review documents available to the committee…. Further, we don’t know whether the documents were provided intentionally by the CIA, unintentionally by the CIA, or intentionally by a whistle-blower,” Feinstein said.

Why is the Panetta report such a big deal? That requires a bit of explanation.

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WATCH: Republican Representative Explodes on Obama

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Photo Credit: APIgnoring President Barack Obama’s veto threat, the House voted on Wednesday for a bill that would expedite congressional lawsuits against the chief executive for failure to enforce federal laws.

The vote was 233-181 in the Republican-led House as GOP lawmakers excoriated Obama for multiple changes to his 4-year-old health care law, steps he’s taken to allow young immigrants to remain in the United States and the administration’s resistance to defend the federal law banning gay marriage.

Rep. Trey Gowdy, R-S.C., sponsor of the ENFORCE the Law Act, delivered a fiery speech and read a series of statements by Obama when he was an Illinois senator in which he warned of the encroachment of the executive on the powers of the other branches of government.

“How does going from being a senator to a president rewrite the Constitution?” Gowdy asked. “What’s different from when he was a senator? Mr. Speaker, I don’t think there’s an amendment to the Constitution that I’ve missed. I try to keep up with those with regularity.”

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CBS Allows A Real Journalist to Resign

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Photo Credit: Newsbusters After months of pressing the CBS News brass to get out of her contract, reporter Sharyl Attkisson was finally granted her request. While that is good for her, it ought to underline how CBS has abandoned hard-hitting reporting in the Obama era.

Politico’s Attkisson headline was “The right loses its hero at CBS,” and liberal blogs tried to guess how long it would take for her to sign up with Fox News Channel. That might happen. Roger Ailes loves scooping up talent from other networks. That’s meant as an insult, of course. Only those dreadful right-wing propagandists challenge Team Obama.

But it’s insulting on a different level altogether. I do not know Ms. Attkisson, but I suspect she’d be insulted to be viewed as any partisan group’s “hero.” She would not have been employed for CBS for more than 20 years if she was a Democrat-wrecking right-winger. She’s merely a “polarizing figure” for failing to do what Dan Rather called “kiss ass, move with the mass.”

Remember this the next time a pompous liberal anchorman like Brian Williams laments that “politics is broken.” Journalism is broken. There is no such thing as journalistic independence. When a veteran reporter stands out like a sore thumb by merely trying to get answers for the American people on how a fiasco like Benghazi happened, she is not the issue. Her network purporting to be in the news business is.

Attkisson had every reason to want out of her contract. According to the Tyndall Report, in 2007,she was the 18th most used reporter in major network nightly news, with 160 minutes on the evening newscast. In 2008, she held steady at 18th, with 145 minutes, and in 2009, she was 19th, with 152 minutes. She hasn’t landed in the top 20 since…Obama scandals bubbled up, and she started covering them.

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