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Top IRS official will invoke Fifth Amendment
LA TIMES ^ | May 21, 2013 | By Richard Simon and Joseph Tanfani

Posted on 05/21/2013 12:40:53 PM PDT by 11th Commandment

Edited on 05/21/2013 12:48:43 PM PDT by Admin Moderator. [history]

WASHINGTON – A top IRS official in the division that reviews nonprofit groups will invoke the Fifth Amendment and refuse to answer questions before a House committee investigating the agency’s improper screening of conservative nonprofit groups.

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.

DOCUMENT: The Inspector General’s report on the IRS

“She has not committed any crime or made any misrepresentation but under the circumstances she has no choice but to take this course,” said a letter by Taylor to committee Chairman Darrell E. Issa, R-Calif. The letter, sent Monday, was obtained Tuesday by the Los Angeles Times.

Excerpt



TOPICS: Breaking News; Crime/Corruption; Government; Politics/Elections
KEYWORDS: irs; loislerner; loislernerirsscandal; official; pleadfifthirsscandal; pleadthefifth; teaparty
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To: 11th Commandment

What is CNN and MSNBC saying about this? I am cube bound.


241 posted on 05/21/2013 1:46:18 PM PDT by Sybeck1 (What has the GOP done today to gain your support in 2014?)
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To: 11th Commandment

And the Walls of Justice slowly close in on Obama. Why don’t they just go down the line and question the entire IRS chain of command right to Cincinnati? Someone will eventually talk and then we work our way back up the line right to the oval office. Bottom line: This is Axelrod and Obama.


242 posted on 05/21/2013 1:46:59 PM PDT by larryleo (We all need to get Newtered!)
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To: hoosiermama

I suspect he’s writing his questions as I’m trying!
:)


243 posted on 05/21/2013 1:47:18 PM PDT by onyx (Please Support Free Republic - Donate Monthly! If you want on Sarah Palin's Ping List, Let Me know!)
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To: stephenjohnbanker

Issa better not back off. Bhoner will feverishly work to derail this (he is now with his refusal to exercise his constitutional powers) and conservatives better damn well be paying attention to what the powers in the GOP are doing here.


244 posted on 05/21/2013 1:48:13 PM PDT by Norm Lenhart
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To: maggief

Wow, what a hearing we’re going to thoroughly enjoy!!!


245 posted on 05/21/2013 1:48:53 PM PDT by onyx (Please Support Free Republic - Donate Monthly! If you want on Sarah Palin's Ping List, Let Me know!)
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To: 1rudeboy
Whoa, cowboy. Don’t start rewriting the Constitution. Now, of all times.

I'm not re-writing the Constitution. I'm simply explaining the practical function of invoking the 5th.

No court in the nation can compel you to testify against yourself. That's the right the 5th Amendment guarantees to all Americans. You also can't be convicted of any crime by refusing to testify against yourself. That's the effect rendered by that right.

However - in practical terms, it's well understood that invoking the 5th indicates that a person is willfully withholding something that would tend to incriminate them.

The fact that all Americans have the right to do so is not in question.

246 posted on 05/21/2013 1:49:43 PM PDT by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: 11th Commandment

Just try taking the fifth when filling out your 1040


247 posted on 05/21/2013 1:51:28 PM PDT by P-Marlowe (There can be no Victory without a fight and no battle without wounds.)
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To: 11th Commandment
Someone taking the 5th and still has a job!!

In the Obama administration this is grounds for a promotion.

248 posted on 05/21/2013 1:51:38 PM PDT by tje
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To: eCSMaster

Rush should run and rerun her “taking the 5th” over and over...


249 posted on 05/21/2013 1:52:37 PM PDT by Eric in the Ozarks (NRA Life Member)
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To: Windflier
Simply invoking the right against self-incrimination is a tacit admission that you will be judged to have committed some criminal act if you honestly answer the question.

They are looking for a scape goat. Some poor slob is sitting in jail over a Youtube video to protect the president and Clinton. Even if she is perfectly innocent of a crime, in this atmosphere I would be having my attorney obtain immunity before I testified.

250 posted on 05/21/2013 1:54:36 PM PDT by Raycpa
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To: 11th Commandment

If it smells like a crime, then he should go to jail.


251 posted on 05/21/2013 1:54:44 PM PDT by kevinm13 (Tim Geithner is a tax cheat. Manmade "Global Warming" is a HOAX!)
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To: Dan(9698)
There is no 5th amendment protection in a civil proceeding.

Not true. First, in most states and in federal court a witness can invoke the 5th in a civil proceeding. However, when a witness invokes the 5th in a civil proceeding, the jury or judge may draw negative inferences from the witness' silence and presume that the witness is guilty.

Second, a witness may invoke the 5th when testifying before a congressional committee and the committee may grant the witness immunity with the consent of 2/3rd of the committee membership and approval of the federal district court.

252 posted on 05/21/2013 1:54:47 PM PDT by Labyrinthos
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To: Norm Lenhart

I believe Boehner has been stonewalling Issa on several investigations.


253 posted on 05/21/2013 1:55:38 PM PDT by stephenjohnbanker
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To: All; 11th Commandment

Don’t Talk to Police
http://www.youtube.com/watch?v=6wXkI4t7nuc


254 posted on 05/21/2013 1:56:04 PM PDT by 2ndDivisionVet (I'll raise $2million for Sarah Palin's next run. What'll you do?)
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To: onyx; penelopesire; maggief

This is significant because the optics are simply awful for the administration. It makes lthem appear as guilty as in fact they are!


255 posted on 05/21/2013 1:56:17 PM PDT by SE Mom (Proud mom of an Iraq war combat vet)
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To: stephenjohnbanker

Yup. And until many on the right wake up to that fact he will continue protecting Obama by doing so. I’d think that behavior should upset conservatives.


256 posted on 05/21/2013 1:57:08 PM PDT by Norm Lenhart
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To: SE Mom
This is significant because the optics are simply awful for the administration. It makes lthem appear as guilty as in fact they are!

Thank you! That's the point that too many seem to be missing here.

257 posted on 05/21/2013 1:57:30 PM PDT by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: onyx

I want to see Wilkins subpoenaed, with his dual roles with the IRS and Treasury ... and his pro bono work for Obama/Jeremiah Wright.

http://www.irs.gov/pub/irs-utl/counselorgchart.pdf


258 posted on 05/21/2013 1:57:43 PM PDT by maggief
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To: Steely Tom

Start with her name. If she has any fear of the future she’d best not answer even that one.


259 posted on 05/21/2013 1:57:44 PM PDT by muawiyah
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To: Norm Lenhart

It should infuriate conservatives.


260 posted on 05/21/2013 1:58:13 PM PDT by stephenjohnbanker
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