On Wednesday morning, I have the honor of appearing before Committee of the Judiciary in the United States House of Representatives. The hearing entitled “Examining The Allegations of Misconduct of IRS Commissioner John Koskinen” will address the options facing Congress in addressing alleged misconduct by Commissioner Koskinen. The hearing will start at 10 am in Room 2141 of the Rayburn House Office Building. My testimony is linked below.
Since the hearing is focused on the options rather than the merits of congressional action against Commissioner Koskinen, I will be solely addressing the range of remedies available to the Congress under the Constitution. Having served as lead counsel before the Senate in an impeachment trial and represented the House of Representatives as an institution in a federal challenge to executive overreach, I do not take such remedies lightly. While Koskinen should have every opportunity to defend his actions, there have been objections that the House could not proceed with an impeachment or even a censure as a constitutional matter. I believe that those arguments are misplaced and that the controversy should serve to focus the attention of members on the array of options available in such cases. This includes my long-standing suggestion of a comprehensive review of both new and dormant powers that could be used in such conflicts between the branches. Congress, however, is facing an unprecedented erosion of its authority vis-à-vis the Executive Branch. If we are to see a rebalancing of the system, it will require a more active use of sanctions to deter obstruction and contempt of congressional committees.
Here is the testimony: TestimonyTurley.Censure.House.final
Beyond the IRS Commissioner, another perfect example of congressional acquiescence is the “truthiness” of CIA Director John Brennan in his testimony before Congress on domestic intelligence gathering. Why Congress let this bottom-feeding fish out of water is beyond me.
JT points out in his testimony how Judicial Watch has been better at investigating the Obama Administration than has Congress. The term “damning w/ faint praise” comes to mind. That said, Judicial Watch is the reason we know about Hillary’s emails and they have been relentless.
Obama knew this career errand boy would coverup, that’s why he was appointed for Chrissake.
Koskinen is part of the coverup. The lying to Congress about emails and hard drives and the destruction of evidence under subpoena. Haven’t any of you Obama lovers ever heard about Watergate? “IT’S THE COVERUP, STUPID!” What a bunch of ill informed sycophants.
Hear! Hear, Olly!
If there’s proof that he’s “targeting critics” of the Executive, that’s a First Amendment issue of the highest order. I don’t have much sympathy for Congress lately, but allowing the Executive to usurp its constitutional mandate endorses dictatorship, apart from bogus executive direction from the box marked National Security. Again, if there’s proof, his arse should be on the sidewalk.
The question is whether the President has the constitutional authority to act when Congress does not. When you accept the Executive branch exercising powers that are NOT authorized by the constitution then we no longer have a constitutional republic. This may appear to be tolerable when the President acts (unconstitutionally) in “your” favored interests, but this sets the stage for the “elections have consequences” dynamic. When the American people’s security of rights is wholly dependent on the next election then we’re not hoping to elect a leader of our constitutional republic but rather a benevolent dictator.
Sadly the professional politician has identified Americans as less then intelligent and continue to abuse laws which are meant to protect us. There are no penalties for the employees of the government as there are in the private sector. So we will continue be abused until there is a national uproar which will scare the be Jesus out of all of them.
“Commissioner Koskinen was not even with the IRS when said agency attempted to crack-down”
He didn’t stop it (it still hasn’t stopped), and he lied to Congress about it.
Mr. Turley has gotten on the gravy train and cons that the republicans have been pulling for years.
Congress is a “do-nothing” bunch of complainers, especially since the President is doing something in spite of them. If they did their job perhaps the President wouldn’t have to be seen as doing so much without their permission.
Wow! The IRS is a weapon available to ANY President. If you let go of the leash because you THINK its behavior is safe for you then you are an idiot.
The Executive keeps letting Genie after Genie out of Congress’s bottle. Richard Bruce Cheney proved that lines can be moved up to the point of getting the Supremes involved and then backing off enough to stay off a challenge and then that line miraculously stays in place.
I think Professor Turley’s efforts are well merited.
His actions are the epitome of public service.
Thanks beyond Mr.Turley.
It’s funny after all the years of having my property stolen from by the IRS, I never heard a word from them until I told the census to go to hell and started flying the Gadsden flag. Next thing you know, they are pulling a return from two years prior to harass me with.
Peter Hill and Tin,
I can guarantee that you both would be playing a different tune had all the players been the opposite. This jerk and Luis Lerner deserve a cell together.
We have a lame Congress. The Executive “over reaches” some say. Congress is in a wheelchair and complains when someone pushes it forward. Let Congress appoint Trey Gowdy to run the IRS>
Mr. K…..thumbed his nose and laughed at what went on at the IRS.
A lesson, in how to behave under such circumstances is certainly in order.
If that necessitates a stay in “solitary”… Guess he won’t try the same stunt again.
He is not above the law. He behaved in a despicable manner. What the IRS did…should be enough to toss them all into Gaol.!
I totally agree with Peter Hill. The current IRS Commissioner has no responsibility whatsoever for what took place three years prior to his appointment. This is nothing more than political gamesmanship and an abuse of power by certain House republicans. This type of action is the very reason that so many of us are so cynical about Washington. Good luck, Mr. Turley. Your assistance in this three-ring circus may help elect Donald Trump, as so many Americans are absolutely done with politicians and their ilk.
I’m sorry to hear Mr Turley is going take part in what is essentially a kangaroo court. Commissioner Koskinen was not even with the IRS when said agency attempted to crack-down on Conservative money-bundlers posing as ‘social welfare’ organizations. Republicans are now trying to cripple the IRS for doing their job. Rarely have we seen such a blatant effort by one political party to intimidate a federal agency.
Impeach and Indict all their Treasonous, Conspiring, Criminal, Traitorous xxxes.