Paul L. Caron
Dean


Tuesday, September 22, 2015

The IRS Scandal, Day 866

IRS Logo 2USA Today op-ed:  Why Congress Should Impeach Gina McCarthy, John Koskinen, and Other Obama Administration Obstructers-of-Justice, by Glenn Reynolds (Tennessee):

Is impeachment the only solution for lack of executive accountability? ...

Congress is considering impeaching [EPA Administrator] Gina McCarthy, ... Rep. Paul Gosar (R-Ariz.) has introduced a resolution of impeachment against her because he says she lied during testimony about the EPA’s new clean water rules. ... McCarthy is accused of perjuring herself three times, in discussing the scientific and engineering basis for those rules. So, you might wonder, why not just prosecute her for perjury?

The problem is that criminal prosecutions are brought by the executive branch, and there’s not much chance that Obama administration Attorney General Loretta Lynch will bring a perjury prosecution against a fellow member of the administration. And there’s nothing Congress can do to change that. ...

The framers of the Constitution knew that, of course, which is why they gave Congress another power, that of impeachment. ...

Congress has had a lot of trouble with this administration. The IRS stonewalled on the emails implicating Lois Lerner in political targeting of Tea Party groups, the State Department (and Hillary Clinton personally) have stonewalled and foot-dragged on releasing Hillary’s emails, and other officials, such as Director of National Intelligence James Clapper, have provided “clearly erroneous” statements to Congress and suffered no penalty.

Traditionally, presidents have been willing to sacrifice underlings caught in this sort of behavior, but the Obama administration hasn’t been so quick to force them out. And like any behavior, lying to Congress and stonewalling congressional oversight becomes more common when it becomes clear that there will be no significant price to be paid.

Impeaching lower level officials may be a solution. Not only is the threat of removal from office a significant one, but most cabinet officials — and even many lower-level appointees — have bigger ambitions. Rendering them ineligible for further federal office is a genuine threat.

That’s why impeaching McCarthy — and, as some, including Ed Morrissey, have already suggested, IRS chief John Koskinen, whose stonewalling over the IRS political-targeting scandal has been egregious, or Clapper — might encourage better behavior in the future. The Republican House majority leader says it won't happen, but as Congressional Republicans seek a way to hold the Obama administration accountable, the pressure to do something may change that political calculus.

We live in a world where these officials pay no price, and where no one lost their job over the EPA’s disastrous Colorado mine spill, and where the Veterans Administration is in many cases firing whistleblowers before accountable officials for botched veteran care.

Is impeachment the answer to lack of accountability in the executive branch? If it isn’t, what is?

https://taxprof.typepad.com/taxprof_blog/2015/09/the-irs-scandal-day-866.html

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Comments

"Is impeachment the answer to lack of accountability in the executive branch? If it isn’t, what is?"

Uncle Guido.

Posted by: Brother Bear | Sep 22, 2015 8:22:17 AM

Good idea but requires a Republican leadership that isn't in Obama's pocket.

Posted by: wodun | Sep 22, 2015 9:06:06 AM

The Republican leadership hasn't the intestinal fortitude to do this very necessary job. They are afraid that major "news" personalities in the MSM would not like it. And they wouldn't. That's enough to stop them.

Posted by: VoteOutIncumbents | Sep 22, 2015 9:25:55 AM