President Eisenhower in 1953 issued an executive order describing the new grounds for dismissal as: “Refusal by the individual, upon the ground of constitutional privilege against self-incrimination to testify before a congressional committee regarding charges of his alleged disloyalty or other misconduct.”
Many States including NY require the loss of employment, if taking the fifth in regard to such employment. The NY State Constitution says: “providing, that any public officer who, upon being called before a grand jury to testify concerning the conduct of his or her present office or of any public office held by him or her within five years prior to such grand jury call to testify, or the performance of his or her official duties in any such present or prior offices, refuses to sign a waiver of immunity against subsequent criminal prosecution, or to answer any relevant question concerning such matters before such grand jury, shall by virtue of such refusal, be disqualified from holding any other public office or public employment for a period of five years from the date of such refusal to sign a waiver of immunity against subsequent prosecution, or to answer any relevant question concerning such matters before such grand jury, and shall be removed from his or her present office by the appropriate authority or shall forfeit his or her present office at the suit of the attorney-general.”
The Supreme Court said in regard to the Hatch Act: “When actions of civil servants in the judgment of Congress menace the integrity and the competency of the service, legislation to forestall such danger and adequate to maintain its usefulness is required. The Hatch Act is the answer of Congress to this need.” Engaging in partisan political activity as part of Federal Government employment is illegal.
Lois Lerner, the head of the exempt organizations division of the IRS, won’t answer questions about what she knew about the improper screening – or why she didn’t reveal it to Congress, according to a letter from her defense lawyer, William W. Taylor 3rd. Lerner was scheduled to appear before the House Oversight committee Wednesday. But, Committee Chairman Issa said “no”, and a subpoena was issued for Lerner.
Will Obama repeal the above Eisenhower Executive Order or refuse to act on it? Will Obama issue a pardon in advance for Ms. Learner? Should federal government employees avoid oversight by taking the fifth, which was rejected by the Supreme Court? Is not what is constitutionally demanded in NY State and other States and which the federal Executive Branch under Eisenhower approved not required for honest government? Quo vadis, Obama? A Hatch Act prosecution, Holder?
Further information: http://en.wikipedia.org/wiki/Lois_Lerner