Alan Dershowitz: "Lerner can be held in contempt" | Page 2 | TigerDroppings.com

Posted byMessage
geauxtigers87
USA Fan
NOLA
Member since Mar 2011
7332 posts
 Online 

re: Alan Dershowitz: "Lerner can be held in contempt"








Back to top
  Replies (0)
Rex
LSU Fan
Here, there, and nowhere
Member since Sep 2004
55464 posts

re: Alan Dershowitz: "Lerner can be held in contempt"


The problem with that is that Lerner did not open up any area of inquiry. She merely broadly proclaimed her innocence of any wrong doing. Also, as she was not a defendant she can invoke the Fifth on selective questions.

Dershowitz is wrong, IMHO.






Back to top
GumboPot
LSU Fan
Saints Fan
Member since Mar 2009
24956 posts

re: Alan Dershowitz: "Lerner can be held in contempt"


quote:

"She's in trouble. She can be held in contempt," Dershowitz told "the Steve Malzberg Show"


Dear Mrs. Lerner, learn this. Sing like a bird next time you are in front of my committee or you will be held in contempt and you will be impeached from your position at the IRS. Do you know what impeachment means? If means you will lose all your time working for federal government including but not limited to losing your pension. Not only will you lose your job and retirement you will have to serve jail time for contempt. Your choice, take the easy path and tell the truth and I will save your job or take the hard path and fall on your sword for Obama. : jeopardymusic:

Signed Darrel Issa






Back to top
Zed
Alabama Fan
Member since Feb 2010
7992 posts

re: Alan Dershowitz: "Lerner can be held in contempt"


quote:

you made me go look for a damned picture of the congressional jail.
You weren't the only one. Lots of Obama.






Back to top
  Replies (0)
moneyg
LSU Fan
Member since Jun 2006
19288 posts

re: Alan Dershowitz: "Lerner can be held in contempt"


Rex disagrees.





Back to top
  Replies (0)
Rex
LSU Fan
Here, there, and nowhere
Member since Sep 2004
55464 posts

re: Alan Dershowitz: "Lerner can be held in contempt"


quote:

Signed Darrel Issa

I have no doubt Darrel Issa will stick up for his buddy Gowdy's misstep and bully Ms. Lerner. He'll proceed even if the law is not on his side.

In the end, though, as to the matter of Ms. Lerner invoking the Fifth yesterday, the judge will side with her, not Issa.




This post was edited on 5/23 at 2:28 pm


Back to top
GeauxxxTigers23
USA Fan
TeamBunt General Manager
Member since Apr 2013
24155 posts

re: Alan Dershowitz: "Lerner can be held in contempt"


quote:

If means you will lose all your time working for federal government including but not limited to losing your pension. Not only will you lose your job and retirement you will have to serve jail time for contempt



Nothing would make me happier than to see this women squalor in poverty for the rest of her oxygen stealing life.






Back to top
Me4Heisman
USA Fan
Landmass
Member since Aug 2004
5051 posts

re: Alan Dershowitz: "Lerner can be held in contempt"


It really is sad how much of a useful idiot you are. You would have made a great nazi.





Back to top
  Replies (0)
Paluka
LSU Fan
One State Over
Member since Dec 2010
4521 posts

re: Alan Dershowitz: "Lerner can be held in contempt"


quote:

Lerner did not open up any area of inquiry. She merely broadly proclaimed her innocence of any wrong doing.


She claimed that she:
1. did nothing wrong,
2. did not lie to or mislead congress,
3. did not break any laws

They have the right to question her on all of these areas. I know you won't believe it but it is the case here.






Back to top
Rex
LSU Fan
Here, there, and nowhere
Member since Sep 2004
55464 posts

re: Alan Dershowitz: "Lerner can be held in contempt"


quote:

Nothing would make me happier than to see this women squalor in poverty for the rest of her oxygen stealing life.

Even if she's innocent of any wrongdoing?






Back to top
ljhog
Arkansas Fan
Lake Jackson, Tx.
Member since Apr 2009
10027 posts

re: Alan Dershowitz: "Lerner can be held in contempt"


quote:

Lerner did not open up any area of inquiry

actually she did when she said "I've broken NO laws."
So for instance, if she has ever gotten a speeding ticket, then she lied to congress.






Back to top
  Replies (0)
moneyg
LSU Fan
Member since Jun 2006
19288 posts

re: Alan Dershowitz: "Lerner can be held in contempt"


quote:

I quoted and named several other prominent attorneys who say by explanation that Dershowitz is wrong. I've also laid out specifically in another thread why I think Dershowitz is wrong.

I take it that now that you sheeple seem to think what Dershowitz says is infallible and authoritative, which I've never done, you will all accept his opinion of Bush v. Gore and the Clinton impeachment, right?



Nah. I think the point is that there is a pretty good argument that she may have waived her 5th amendment rights. Obviously, there is an argument that can be made to the contrary.

But, to absolutely say that she has not waived her right (which is what you have implied with your vehement argument) indicates that you don't know what you are talking about.






Back to top
  Replies (0)
Lsut81
USA Fan
Member since Jun 2005
64950 posts

re: Alan Dershowitz: "Lerner can be held in contempt"


quote:

In the end, though, as to the matter of Ms. Lerner invoking the Fifth yesterday, the judge will side with her, not Issa.



I have no dog in this fight... But IF a judge comes back and says that she indeed waved her 5th by making the statement, will you admit you are wrong???


Or will you spin it and say "What I meant was a real judge will side with her, not Issa"

I'm thinking the latter






Back to top
Rex
LSU Fan
Here, there, and nowhere
Member since Sep 2004
55464 posts

re: Alan Dershowitz: "Lerner can be held in contempt"


quote:

They have the right to question her on all of these areas.

None of those are specific enough to constitute opening an area of inquiry.

Sure, they have a right to question her... and she has a right to invoke her Fifth Amendment rights.






Back to top
Interception
Providence Fan
Member since Nov 2008
11089 posts

re: Alan Dershowitz: "Lerner can be held in contempt"


Dershowitz says, they can subpoena her again since Issa never adjourned. The committee is still open to further questioning because Issa simply called for a "recess".

Now, when she is called back a committee member will ask her a question along the lines of the statement she gave announcing her innocence. She then is required to answer that question or be held in contempt. If she doesn't answer then it actually goes to the US Attorney District of Columbia.

Wiki: Contempt of Congress


quote:

Procedures

Following the refusal of a witness to produce documents or to testify, the Committee is entitled to report a resolution of contempt to its parent chamber. A Committee may also cite a person for contempt but not immediately report the resolution to the floor. In the case of subcommittees, they report the resolution of contempt to the full Committee, which then has the option of rejecting it, accepting it but not reporting it to the floor, or accepting it and reporting it to the floor of the chamber for action. On the floor of the House or the Senate, the reported resolution is considered privileged and, if the resolution of contempt is passed, the chamber has several options to enforce its mandate.

Inherent contempt

Under this process, the procedure for holding a person in contempt involves only the chamber concerned. Following a contempt citation, the person cited is arrested by the Sergeant-at-Arms for the House or Senate, brought to the floor of the chamber, held to answer charges by the presiding officer, and then subjected to punishment as the chamber may dictate (usually imprisonment for punishment reasons, imprisonment for coercive effect, or release from the contempt citation).

Concerned with the time-consuming nature of a contempt proceeding and the inability to extend punishment further than the session of the Congress concerned (under Supreme Court rulings), Congress created a statutory process in 1857. While Congress retains its "inherent contempt" authority and may exercise it at any time, this inherent contempt process was last used by the Senate in 1934, in a Senate investigation of airlines and the U.S. Postmaster. After a one-week trial on the Senate floor (presided over by the Vice-President of the United States, acting as Senate President), William P. MacCracken, Jr., a lawyer and former Assistant Secretary of Commerce for Aeronautics who had allowed clients to rip up subpoenaed documents, was found guilty and sentenced to 10 days imprisonment.[5]

MacCracken filed a petition of habeas corpus in federal courts to overturn his arrest, but after litigation, the U.S. Supreme Court ruled that Congress had acted constitutionally, and denied the petition in the case Jurney v. MacCracken.[6][7]

Presidential pardons appear not to apply to a civil contempt procedure such as the above, since it is not an "offense against the United States" or against "the dignity of public authority."[8][

Following a contempt citation, the presiding officer of the chamber is instructed to refer the matter to the U.S. Attorney for the District of Columbia;[9] according to the law it is the "duty" of the U.S. Attorney to refer the matter to a grand jury for action.

The criminal offense of "contempt of Congress" sets the penalty at not less than one month nor more than twelve months in jail and a fine of not less than $100 nor more than $1,000.[10]



Which gets me to this:

LINK



quote:

Ronald C. Machen Jr. was nominated to serve as United States Attorney for the District of Columbia by President Barack Obama on December 24, 2009. Mr. Machen’s appointment was confirmed by the United States Senate on February 11, 2010.

As U.S. Attorney, Mr. Machen oversees the investigation and litigation of criminal and civil cases brought on behalf of the United States in the District of Columbia. He supervises the nation’s largest U.S. Attorney’s Office, which includes more than 300 Assistant U.S. Attorneys who practice in both federal and local courts. On the federal side, the office handles cases involving national security, white-collar crime, public corruption, gang violence, narcotics distribution, money laundering, child exploitation, and civil rights violations. On the local side, the office prosecutes all serious local crimes committed by adults in the District of Columbia, including homicides and sexual assaults.







Back to top
GumboPot
LSU Fan
Saints Fan
Member since Mar 2009
24956 posts

re: Alan Dershowitz: "Lerner can be held in contempt"


TBH, I'm a little confused as to where the constitution fits in this situation. The constitution's scope pertains to the states and the limits that the federal government can act on the states. This is more like an employer employee inquiry.





Back to top
los angeles tiger
LSU Fan
1,601 miles from Tiger Stadium
Member since Oct 2003
55976 posts

re: Alan Dershowitz: "Lerner can be held in contempt"


quote:

I have no dog in this fight... But IF a judge comes back and says that she indeed waved her 5th by making the statement, will you admit you are wrong???


Hell will be known as the greatest ice skating rink before that happens.






Back to top
Paluka
LSU Fan
One State Over
Member since Dec 2010
4521 posts

re: Alan Dershowitz: "Lerner can be held in contempt"


quote:

None of those are specific enough to constitute opening an area of inquiry.




You are hopeless, Rex. In your masterful opinion how specific does someone have to get for there to be a waiver of rights?






Back to top
GeauxxxTigers23
USA Fan
TeamBunt General Manager
Member since Apr 2013
24155 posts

re: Alan Dershowitz: "Lerner can be held in contempt"


quote:

Even if she's innocent of any wrongdoing?


If she's innocent why wouldn't she just answer the questions?

Anyways, I don't know if anything she did was technically illegal. But even being involved, or being aware of the targeting of opposing political factions while in a position of authority and responsibility that the American people have entrusted her with is enough for me.






Back to top
Reginald C Perrin
702
Member since May 2013
175 posts

re: Alan Dershowitz: "Lerner can be held in contempt"


What about Sarah Hall Ingram? When is she going to be brought in to testify?





Back to top
  Replies (0)


Back to top