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Justice

House Oversight Chair Issa May Not Have The Votes To Move His Anti-Holder Witchhunt Out Of Committee

Last month, House Oversight Committee Chair Darrell Issa (R-CA) leaked an effort to hold Attorney General Eric Holder in contempt of Congress to the media — Issa is upset that Holder’s followed a longstanding Department of Justice practice against endangering ongoing investigations by turning over documents concerning those investigations. Since then, Issa’s become more and more isolated. A broad coalition of senior law enforcement executives came out against his crusade against Holder earlier this month, and even the House Republican leadership has been reluctant to support Holder’s efforts.

Now, according to The Hill, Issa’s crusade appears to be collapsing even among his fellow Republican committee members:

Two of the committee’s 23 Republicans have declined to support the measure at this point, while six other GOP panel members did not respond to repeated requests for comment over the last two weeks.

When compared with the 15 Republicans on the committee who have actively been speaking in favor of the measure, the silence, lack of outspoken support and desire by these eight GOP caucus members to avoid the issue could be a problem for Issa. . . . With only 15 committee Republicans publicly supporting the resolution — and no Democrats — Issa falls short of the 21 votes he needs to pass it out of the 40-member panel to the House floor.

In 2010, when Issa was preparing to take the Oversight gavel, he spoke of his plans as if he were the Fifth Horseman of the Apocalypse. Issa promised “hundreds of hearings” intended to “measure failures” by the federal government under President Obama, and he highlighted this promise with a braggadocious Twitter avatar depicting himself as a stick-figure policeman sternly keeping watch over the Capitol.

Less than two years later, Issa primary accomplishments are an all-male panel on women’s health, a bizarre conspiracy theory about about a Rube Goldberg-like plan to undermine the Second Amendment, and, now, a witchhunt against the Attorney General that even his fellow Republican lawmakers seem reluctant to support.

Justice

After Law Enforcement Urge Congress To Abandon Anti-Holder Witchhunt, GOP Freshmen Grab Their Pitchforks

The House GOP Freshman Caucus

House Oversight Chair Darrell Issa’s (R-CA) claim that Attorney General Eric Holder should be held in contempt for declining to turn over records of ongoing criminal investigations to Issa’s committee has not been received well by people who actually know something about law enforcement. Philadelphia Police Commissioner Charles Ramsey warned that Issa’s crusade against Holder has “distracted the Department of Justice in its efforts to assist state and local law enforcement — particularly in the area of violent crime prevention and suppression,” and a group of senior African-American law enforcement officials similarly warned that Issa’s efforts are “an impediment to the vigorous enforcement of violence and crime.”

Indeed, Issa’s overreach against Holder extended so far that even the House Republican Leadership is trying to reign him in. Nevertheless, a core group of House freshmen are now trying to pressure them to ignore the wishes of law enforcement:

In a letter to Speaker John Boehner (Ohio), Majority Leader Eric Cantor (Va.) and Majority Whip Kevin McCarthy (Calif.); Reps. Sandy Adams (Fla.), Ben Quayle (Ariz.), Tim Griffin (Ark.), Dennis Ross (Fla.), Tom Marino (Pa.) and Trey Gowdy (S.C.) argued that “the House of Representatives has seen its proper oversight function thwarted and obstructed. It’s time for the House to formally recognize the obvious — that Attorney General Holder has not and will not cooperate with the legitimate investigation launched by the House Oversight and Government Reform Committee and is therefore in contempt of Congress.”

For weeks, Oversight and Government Reform Chairman Darrell Issa (Calif.) has unsuccessfully lobbied leadership to allow contempt proceedings to begin against Holder.

Last week, even Eric Cantor seemed to understand that Issa’s crusade went too far. Cantor and his fellow members of the House leadership will now have to decide whether to abandon that good sense, ignore the wishes of law enforcement, and pick up his own pitchfork alongside the House freshmen.

Justice

House GOP Leadership Balks At Issa’s Anti-Holder Witchhunt

All hat and no cattle

Rep. Darrell Issa (R-CA) talked a big talk when he was preparing to take over as chair of the House Oversight and Government Reform Committee in 2010. He promised “hundreds of hearings” intended to “measure failures” by the federal government under President Obama. His office was inundated with resumes from conservative lawyers looking to make a name for themselves as Obama killers. Issa even changed his Twitter avatar into a braggadocious image of himself as a stick-figure policeman sternly keeping watch over the Capitol.

A year and a half later, all those eager young lawyers who took jobs under Issa might be reconsidering their career choice. As Oversight Chair, Issa’s proved far more adept at booking himself on Fox News than he has at actually uncovering real scandals. He’s used his media celebrity status to tout bizarre conspiracy theories, such as a claim that a series of botched law enforcement operations begun under the Bush Administration were actually secret Obama plot to undermine the Second Amendment. His highest profile hearing to date was an all-male panel on contraception that did far more to embarrass conservatives than it did to provide government oversight. Issa’s compared himself to Martin Luther King, Jr. in response to criticism of how he wields his gavel. And he turned oversight of one of the few legitimate scandals his Committee has focused upon — the botched “gun running” operations along the Mexican border that rightfully led to several Justice Department officials losing their jobs or being demoted — into a baseless campaign to pin blame for these operations on Attorney General Eric Holder.

Indeed, Issa’s overreach has become so apparent that even the House leadership appears to be losing faith in his judgment:

Speaker John Boehner of Ohio, Majority Leader Eric Cantor of Virginia and Majority Whip Kevin McCarthy of California have decided to slow Rep. Darrell Issa’s drive to hold the attorney general in contempt over the controversial Fast and Furious program, a move that could infuriate conservatives who have been calling for Holder’s resignation.

The delay could be a month or even longer, according to lawmakers and aides familiar with the issue.

Some within House GOP leadership circles would like Issa to abandon his plan for a committee and floor vote, which was sparked by a 64-page memo last week, which laid out the case for contempt.

This is not the first time Issa’s self-promoting approach to his job sparked tension between himself and other top House Republicans. Energy and Commerce Chair Fred Upton (R-MI) publicly disagreed with Issa’s hostile approach to an agreement between the Obama Administration and the auto industry over emissions standards. And Issa “ruffled the feathers” of fellow committee chair John Mica (R-FL) after Issa appeared to push Mica out of the spotlight once a scandal involving the General Services Administration started to receive media attention.

Nevertheless, the most recent disagreement over whether to move forward with Issa’s anti-Holder crusade appears to be the first time the House’s most senior leaders publicly made their disagreement with Issa known, and that alone is significant. When even Eric Cantor thinks you are overreaching, it’s a good sign that you might need to dial it back a few notches.

Justice

Issa Escalates Anti-Holder Witchhunt With Draft Contempt of Congress Citation

In 2006, under President George W. Bush, the Bureau of Alcohol, Tobacco, Firearms and Explosives began the first of a series of misguided operations that allowed illegal guns to be sold to arms traffickers and, eventually, to Mexican drug cartels. At least two of these guns were later used to kill a federal agent. These operations were misguided from the very beginning, and they deserve the kind of thorough investigation the Justice Department’s Inspector General is currently trying to conduct — as well as new procedures to ensure that similar mistakes are not made in the future.

Unfortunately, House Oversight Chair Darrell Issa (R-CA) sees things differently. For more than a year, he has compounded the tragedy of these botched operations by treating them as little more than an opportunity to embarrass Attorney General Eric Holder and the Obama Administration. Issa’s held half a dozen hearings on “Fast and Furious,” one of the botched operations, but refused to call Attorney General Michael Mukasey, who was in charge of the Justice Department when these operations were conceived. He’s led a months-long witchhunt for proof that Holder was somehow responsible for the operations, grasping at increasingly thin straws throughout this effort. And he’s touted the ridiculous conspiracy theory that the Obama Administration somehow wants to harness these botched efforts to “take away or limit people’s second amendment rights.”

And now, Issa’s going to escalate his inquisition even further:

Republican House leaders have drafted a proposed contempt of Congress citation against Atty. Gen. Eric H. Holder Jr. in which they charge that he and his Justice Department have repeatedly “obstructed and slowed” the Capitol Hill investigation into the ATF’s flawed Fast and Furious gun-tracking operation.

The 48-page draft citation is being drawn up by Rep. Darrell Issa (R-Vista), chairman of the House Committee on Oversight and Government Reform. Top committee officials recently met for most of a day in the House speaker’s office and were given the green light to proceed toward a contempt citation, according to sources who declined to be identified.

If adopted by the GOP-led House, the contempt resolution would be sent to the U.S. attorney’s office in Washington or perhaps an independent counsel in an attempt to force the Justice Department to provide tens of thousands of internal documents to the committee.

Notably, Issa did nothing to inform the committee’s minority members of this pending citation — Ranking Member Elijah Cummings (D-MD) learned about it from the press. A tactic which, in Cummings’ words, “suggests that [Issa is] more interested in perpetuating [his] partisan political feud in the press than in obtaining any specific substantive information relating to the Committee’s investigation.”

More importantly, there is a very good reason why DOJ has not turned over every single document Issa seeks — those documents could undermine countless ongoing criminal investigations. Many of the documents Issa seeks are confidential materials concerning open investigations. Such documents are not subject to congressional subpoena because revealing them would also reveal “strategies and procedures that could be used by individuals seeking to evade [DOJ's] law enforcement efforts.”

Moreover, as President Reagan’s Justice Department warned in the 1980s, the Constitution’s separation of powers prevents such documents from being revealed to Congress because of the risk that the legislature could “exert pressure or attempt to influence the prosecution of criminal cases.” The Constitution separates lawmaking from enforcement because the framers feared that combining the two would be “the very definition of tyranny,” yet Issa seeks to erode this understanding as well.

America deserves a thoughtful and objective investigation into the ill-conceived operations that armed drug cartels and killed at least one federal official. Instead, they are getting partisan grandstanding that does nothing but undermine the Justice Department’s ability to do its job.

Update

A Republican leadership aide says that Boehner has made “no decision” on whether the full House will take up Issa’ contempt resolution.

Economy

Rep. Issa Confronted By Protesters At Foreclosure Hearing, Blames Bank Fraud On Homeowners

A month after the nation’s largest banks reached a mortgage fraud settlement with the federal government and state attorneys general, House Oversight and Government Reform Chairman Darrell Issa (R-CA) joined Rep. Ed Towns (D-NY) for a foreclosure hearing in Brooklyn this morning. The field hearing included remarks by both Issa and Towns as well as scheduled testimony from representatives of Wall Street banks that were a part of the settlement, including Wells Fargo, Bank of America, Citigroup, and JPMorgan Chase.

The hearing was almost immediately interrupted by protesters, however, who called on Issa and the panelists to “stop fighting for Wall Street and fight for the people that elected you!” Others chanted at Issa, “Work for the people!” before they were removed by security.

Watch it, courtesy of Raw Story:

The protesters were promptly removed for interrupting the hearing, but Issa was just getting started. He later blamed homeowners for robo-signing, the fraudulent foreclosure practice that landed banks in hot water in 2010, according to AlterNet reporter Sarah Jaffe:


Blaming homeowners and backlogs for robo-signing is directly contradictory to a report issued by the inspector general of the Department and Urban Development last week. That investigation found that the nation’s biggest banks — several of which had representatives on Issa’s panel — knew about the fraudulent practice, and that managers had authorized robo-signing. Bank managers gave out “vice president” titles to unqualified employees so they could robo-sign documents and squashed investigations into the practices. And when the scandal originally broke in 2010, banks promised to end the practice, only to keep robo-signing documents for at least another year.

Issa’s thoughts on foreclosure fraud, unfortunately, aren’t new. Before the GOP took control of the House in 2011, Issa promised not to investigate the fraudulent acts committed by Wall Street banks, instead vowing to focus his attention on home loans made to poor people.

Justice

Rep. Issa Says President Obama Wants To ‘Convert’ The Constitution ‘To Some South African Constitution’

Conservative conspiracy theories have had a fun ride since President Obama took office.

First, Barack Obama was a Muslim. Then, he was born in Kenya instead of the United States and only served as president via a forged birth certificate. Then, his decisions as president can only be understood through the frame of “Kenyan, anti-colonial behavior”.

Now, according to the latest tale, courtesy of House Oversight Committee Chairman Darrell Issa (R-CA), President Obama wants to “convert [our Constitution] to some South African Constitution.”

Issa made the curious accusation Friday at the California Republican Party’s Spring Convention in Burlingame:

ISSA: We’re going to establish a very different policy. One, that we have a president who will respect the Constitution, not try to convert it to some [inaudible] South African Constitution. [Applause]

Listen to it:

Issa likely conflated the erroneous accusation that President Obama wants “some South African Constitution” with and equally erroneous accusation that Supreme Court Justice Ruth Bader Ginsburg prefers the South African Constitution that has recently infected right-wing commentary.

Earlier this month, Ginsburg told an audience in Egypt that other countries’ constitutions may be better models for their burgeoning democracy than the United States Constitution because more recently drafted constitutions are often more precise in laying out individual rights. If Issa had bothered to the entire interview, however, he would have heard her stirring praise for the First Amendment, her references to the “genius” of our Constitution, and her statement about how powerful it is that our Constitution places power in “We the People.” Moreover, if Issa paid attention to the views of Ginsburg’s conservative colleagues, he would know that conservative Justice Antonin Scalia made a similar point when he testified at a Senate Judiciary Committee hearing that the Soviet Union’s bill of rights “was much better than ours.”

Yet, even if Ginsburg had claimed that South Africa’s legal traditions are inherently superior to ours, her comments are hardly indicative of President Obama’s views because Justice Ruth Bader Ginsburg is actually an entirely different person than Barack Obama. To help Issa understand this difficult concept, ThinkProgress has prepared the following visual aide:

Hat-tip: @lhfang

Health

Rep. Issa Concedes His All-Male Anti-Contraception Hearing Was Not ‘My Greatest Success’

Eight days after getting roundly-chastised for holding an all-male anti-contraception, Rep. Darrell Issa (R-CA) admitted on Friday that the episode did not go as well as he expected.

“I won’t call it my greatest success to get a point across on behalf of the American people,” said the six-term congressman.

Issa, who chairs the House Oversight Committee, held a hearing on February 16 to discuss the Obama administration’s new regulation that requires employers and insurers to provide birth control coverage. During the hearing, Issa prohibited a woman who supported expanding access to contraception from testifying.

However, after enduring more than a week of embarrassment in the media, Issa was chastened while speaking at the California Republican Party’s Spring Convention in Burlingame:

ISSA: Right now there are attacks on the Constitution. Some of them are subtle, and some are less subtle. I’m just going to relate one thing to you. Last week there was a hearing that was spun, it was terrible spun. We all saw it. I won’t call it my greatest success to get a point across on behalf of the American people.

Listen to it:

One need look no further than a picture of the witness table at the hearing on women’s health to recognize why the episode was heavily criticized:

Hat-tip: @lhfang

Health

Female Witness Hits Back At Issa: ‘I’m A Woman Who Uses Contraception, That Makes Me Qualified’ To Testify

Democrats on the House Democratic Steering and Policy Committee held a special hearing Thursday morning in response to the GOP’s decision to prevent women from testifying in support of an Obama administration rule requiring employers to provide birth control without additional cost sharing. The committee invited just one witness, Sandra Fluke, the third year Georgetown Law student, who House Oversight Committee Chairman Darrell Issa (R-CA) dismissed as an “energized” “college student” who was not “appropriate and qualified” to testify before his committee.

Democrats received over 300,000 requests for women to testify on the issue, House Minority Leader Nancy Pelosi (D-CA) said during today’s hearing, and the GOP’s male-only contraception hearing was widely spoofed in the press and on late-night comedy shows. Fluke herself responded to Issa’s snub in jest, noting, “Well, I will confirm that I was energized, yes” she said to laughter from the committee, “as you can see from the reaction behind me, many women in this country are energized about this issue.” “I’m an American woman who uses contraception, so let’s start right there. That makes me qualified to talk to my elected officials about my health care needs,” she added.

In her testimony, Fluke reiterated the story of her friend who was denied contraception coverage from Georgetown, despite technically qualifying for an exception that provided students who use birth control for health reasons with the benefit, and had to undergo invasive surgery. She also highlighted the confusion such policies cause, noting that while Catholic employers may claim that their insurance plans include loopholes for women who use birth control for non-reproductive purposes, beneficiaries still interpret the policy as a blanket exclusion of reproductive health benefits. One woman, for instance, did not seek medical treatment after being raped because she believed Georgetown did not provide coverage for women’s “sexual health care”:

FLUKE: One student told us that she knew birth control wasn’t covered, and she assumed that’s how Georgetown’s insurance handled all of women’s sexual healthcare, so when she was raped, she didn’t go to the doctor even to be examined or tested for sexually transmitted infections because she thought insurance wasn’t going to cover something like that, something that was related to a woman’s reproductive health.

Watch it:

Pelosi criticized Republicans for denying her request to have Fluke’s testimony covered by House-operated TV cameras and argued that the GOP was seeking to silence women on the issue in order to frame the discussion as a matter of religious liberty. Rep. Elijah Cummings (D-MD) pointed out, however, “if this was a hearing on prostate cancer and there was a lot of women and no men, I guarantee you men would not have stuck around.”

Health

VIDEO OF THE WEEK: The GOP’s ‘Utterly Surreal’ Contraception Hearing

The House Committee On Oversight and Government Reform held a hearing yesterday on the Obama administration’s now-revised ruling that all employers must cover contraception in their employee health insurance policies, including some religiously-affiliated ones.

The hearing succeeding in becoming one of the more bizarre and obtuse displays in recent political theater. Highlights included:

– Committee Chairman Darrell Issa’s (R-CA) use of self-aggrandizing posters of Martin Luther King Jr., John F. Kennedy, and Mahatma Gandhi.

– The committee’s failure to include even one woman as a witness in their first panel.

– The ominous insistence that an honest disagreement over a health policy that’s already followed without complaint in multiple states and enjoys wide-spread support is a threat to fundamental American principles and liberties.

– A long and rambling speech comparing a fictional “national pork mandate” to important women’s health drugs.

ThinkProgress has the video round-up:

Health

Issa Defends Denying Female Witness At Contraception Hearing: She ‘Wasn’t In Any Way Related’

Issa's all-male birth control panel

House Oversight Committee Chairman Rep. Darrell Issa (R-CA) defended his decision to not allow a women to testify at his hearing on the Obama administration’s new birth control rule yesterday, telling Fox News host Greta Van Susteren last night that the woman’s story wasn’t at all relevant to the hearing.

Democrats had originally planned to have Rev. Barry Lynn, a prominent supporter of the separation of Church and State, testify, but decided that a woman’s voice was needed, as every single other witness was a man. They tried bring in someone who has been personally affected by the issue — Sandra Fluke, a law student at Georgetown, which is affiliated with the Catholic Church and does not insure birth control for students — but Issa refused.

Appearing on Fox News with host Greta Van Susteren last night, Issa defended the decision, saying Fluke was unqualified to speak and that her first hand experience “wasn’t in any way related” to the issue at hand:

ISSA: They then wanted a different witness, a college student, who really didn’t belong on that panel for obvious reasons. [...]

She had a compelling story, a very sad story of a classmate who developed an ovarian cyst that might have been prevented by using contraception in another way, one that by the way, the Catholic bishop and everyone else there said is fully allowed, under their faith. But it was one of those things where her story was compelling, but it wasn’t in any way related to the point of the stated reason for hearing.

Watch it:

Of course, while Issa and other conservatives has tried to claim that the birth control issue is exclusively about religious liberty, it unquestionably about women’s health as well. To silence a women with firsthand experience by claiming her voice is irrelevant is ludicrous and suggests Issa afraid to let the other side tell its story, as most Americans disagree with his position.

Catholic colleges may be okay with using contraception to treat health conditions on paper, but as Fluke’s story suggests, in reality, such a policy can still limit access and endanger women’s health.

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