“You and your lawyers and consultants are wrong on the facts and the law,” Issa wrote. “The Facts: Lerner knew that the Committee had rejected her privilege objection and that, consequently, she risked contempt should she persist in refusing to answer the Committee’s questions.”
Though Oversight member Rep. Jim Jordan confirmed to TheDC that the committee is “moving” toward contempt for Lerner, Cummings’ recent letter to Boehner was widely reported on in the mainstream press to bolster the story that the committee is unable to compel Lerner to testify.
But Issa’s letter walks Cummings step-by-step through flaws in the Democrats’ argument.
“You and your lawyers and consultants also misunderstand the law. Contrary to your insistence, the courts do not require the invocation by the Committee of certain magic words; rather (and sensibly), the courts have required only that congressional committees provide witnesses with a ‘fair appraisal of the committee’s ruling on an objection,’ thereby leaving the witness with a choice: comply with the relevant committee’s demand for testimony, or risk contempt,” Issa wrote.