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Darrell Issa: Lois Lerner lost her rights
Politico ^ | May 22, 2013 | Rachael Bade

Posted on 05/22/2013 12:34:42 PM PDT by Second Amendment First

House Oversight and Government Reform Committee Chairman Darrell Issa said embattled IRS official Lois Lerner waived her Fifth Amendment rights and will be hauled back to appear before his panel again.

The California Republican said Lerner’s Fifth Amendment right to avoid self-incrimination was voided when she gave an opening statement this morning denying any wrongdoing and professing pride in her government service.

“When I asked her her questions from the very beginning, I did so so she could assert her rights prior to any statement,” Issa told POLITICO. “She chose not to do so — so she waived.”

Lerner triggered the IRS scandal on May 10 when she acknowledged that the agency wrongly targeted conservative groups applying for a tax exemption. Her lawyer told the House committee earlier this week that she would exercise her Fifth Amendment.

She appeared before Issa’s committee this morning under the order of a subpoena and surprised many by reading a strong statement to the panel.

“I have not done anything wrong,” she said. “I have not broken any laws. I have not violated any IRS rules or regulations, and I have not provided false information to this or any other committee.”

Issa dismissed her from the committee room once it became clear she wouldn’t answer questions.

Lerner’s decision to speak at all immediately triggered a dust-up among lawmakers who were confused about whether she gave up her Fifth Amendment protections when she made an opening statement.

Rep. Trey Gowdy (R-S.C.), a former federal prosecutor, said Lerner lost her rights the minute she started proclaiming her innocence, and that lawmakers therefore were entitled to question her. But Ranking Democrat Elijah Cummings of Maryland said hearing rules were not like those of a courtroom.

During the incident, Issa did not flat-out say whether or not Lerner had indeed waived her rights but instead tried to coax her into staying by offering to narrow the scope of questions.

By the afternoon, Issa was taking a harder stand.

“The precedents are clear that this is not something you can turn on and turn off,” he told POLITICO. “She made testimony after she was sworn in, asserted her innocence in a number of areas, even answered questions asserting that a document was true … So she gave partial testimony and then tried to revoke that.”

He said he was not expecting that.

“I understand from her counsel that there was a plan to assert her Fifth Amendment rights,” he continued. “She went ahead and made a statement, so counsel let her effectively under the precedent, waive — so we now have someone who no longer has that ability.”


TOPICS: Breaking News; Business/Economy; Crime/Corruption; Government; News/Current Events; Politics/Elections
KEYWORDS: darrellissa; fifthamendment; gowdy; holder; irs; irsteaparty; issa; lerner; lois; loislerner; obama; trey; treygowdy
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1 posted on 05/22/2013 12:34:42 PM PDT by Second Amendment First
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To: Second Amendment First

Oh, Shiz-nizzz. It’s gonna get wiggy.


2 posted on 05/22/2013 12:35:36 PM PDT by Noamie
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To: Second Amendment First

Her high priced attorney did a good job advising her!


3 posted on 05/22/2013 12:35:57 PM PDT by Cowboy Bob (Democrats: Robbing Peter to buy Paul's vote.)
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To: Cowboy Bob

For those that said Issa didn’t know what he was doing...I submit this..

Yes, he did.


4 posted on 05/22/2013 12:36:53 PM PDT by RummyChick
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To: Second Amendment First

She can still show up and say nothing, and the penalty is Contempt of Congress. They’ll be lucky to manage to slap her wrist on her way back to her sinecure at the IRS.


5 posted on 05/22/2013 12:37:20 PM PDT by Uncle Miltie ("The White House can't be trusted." - Ron Fournier, National Journal)
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To: Second Amendment First
>>>“I have not done anything wrong,” she said. “I have not broken any laws. I have not violated any IRS rules or regulations, and I have not provided false information to this or any other committee.” And she took the 5th after admitting her innocence with out questioning!!?!? LOL
6 posted on 05/22/2013 12:37:33 PM PDT by SIRTRIS
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To: Second Amendment First
Assuming that Issa’s getting competent legal advice here (a reasonable assumption,I'd say) this could be interesting.
7 posted on 05/22/2013 12:37:37 PM PDT by Gay State Conservative (Leno Was Right,They *Are* Undocumented Democrats!)
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To: Cowboy Bob
Her high priced attorney did a good job advising her!

Perhaps, but it appears that she ignored the advice.

8 posted on 05/22/2013 12:37:46 PM PDT by tpmintx (Gun free zones are hunting preserves for unarmed people.)
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To: Second Amendment First

If this works out...it might be EPIC.

Now if they get her back at the table, what does Issa do? She will either repeat her 5th Amendment over and over OR be like the rest of them and have selective amnesia and not know anything.


9 posted on 05/22/2013 12:37:59 PM PDT by TheShaz
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To: RummyChick

You called it during the live thread, RC!

Now, will Issa apologize to Gowdy for the public smack down?

10 posted on 05/22/2013 12:38:18 PM PDT by Jane Long (While Marxists continue the fundamental transformation of the USA, progressive RINOs stay silent.)
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To: RummyChick

Booyah!!! Issa kicks some arse!!!


11 posted on 05/22/2013 12:38:24 PM PDT by SoldierDad (Proud dad of an Army Soldier who has survived 24 months of Combat deployment.)
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To: Noamie

LOL. Lets hope.


12 posted on 05/22/2013 12:38:24 PM PDT by riri (Plannedopolis-look it up. It's how the elites plan for US to live.)
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To: Cowboy Bob

I don’t think she waived her right, unless it was explicitly stated that she waived her rights.


13 posted on 05/22/2013 12:38:28 PM PDT by DannyTN
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To: Cowboy Bob

Best use of the taxpayers money in a while...


14 posted on 05/22/2013 12:38:34 PM PDT by MNlurker
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To: TheShaz

When she comes back a 2nd time to testify, I hope they have police on hand to arrest her if need be.


15 posted on 05/22/2013 12:38:49 PM PDT by Red in Blue PA (When Injustice becomes Law, Resistance Becomes Duty.-Thomas Jefferson)
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To: Second Amendment First

I’m not a lawyer, nor did I stay at a Holiday Inn recently and I know you keep your mouth shut when taking the 5th.


16 posted on 05/22/2013 12:38:49 PM PDT by Raycpa
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To: Jet Jaguar; NorwegianViking; ExTexasRedhead; HollyB; FromLori; EricTheRed_VocalMinority; ...

The list, Ping

Let me know if you would like to be on or off the ping list

http://www.nachumlist.com/


17 posted on 05/22/2013 12:39:07 PM PDT by Nachum (The Obama "List" at www.nachumlist.com)
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To: RummyChick

“For those that said Issa didn’t know what he was doing...I submit this..

Yes, he did.”

Y’know... I’m in as much of a hurry as anyone to see IRS thugs frog-marched to a cell in minimal time... but it’s becoming clear Issa is playing the long game. I get it now. And he’s masterful.


18 posted on 05/22/2013 12:40:31 PM PDT by ScottinVA ( Liberal is to patriotism as Kermit Gosnell is to neonatal care.)
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To: Second Amendment First

D'OH!


19 posted on 05/22/2013 12:40:39 PM PDT by McGruff (I can't speak to the law here. The law is irrelevant,)
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To: Jane Long

Yep, he might not be a lawyer but he knew what he was doing.

Btw, I encourage everyone to use a toll free number (found on the net) for contacting Congress and give Gowdy a pat on the back..Issa, too.


20 posted on 05/22/2013 12:40:40 PM PDT by RummyChick
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To: RummyChick
I suspect Issa did not know, if he really knew he would have forced the issue on the spot after Gowdy pointed it out.

That being said, I hope she comes back and has to spill her guts out.

This may be fun after all.......

21 posted on 05/22/2013 12:40:54 PM PDT by Lakeshark (!)
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To: RummyChick

Looks like he was using strategery.


22 posted on 05/22/2013 12:41:53 PM PDT by DManA
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To: Cowboy Bob

I bet that her incompetent lawyer will now ask for a court injunction and try to delay her day of reckoning indefinitely.


23 posted on 05/22/2013 12:41:56 PM PDT by Timber Rattler (Just say NO! to RINOS and the GOP-E)
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To: Lakeshark

He couldn’t. He had to consult with legal counsel AND HER COUNSEL.


24 posted on 05/22/2013 12:42:01 PM PDT by RummyChick
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To: TheShaz

Is she now on suicide watch?

Or should I say Chicagacide watch?


25 posted on 05/22/2013 12:42:05 PM PDT by Gadsden1st
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To: Cowboy Bob

he did a great job.....he’ll be able to prolong billing LOL


26 posted on 05/22/2013 12:42:23 PM PDT by Revelation 911 (hump scratching n'er do well.....all strung out on chicken wings and venison jerky)
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To: Second Amendment First

~~~“I have not done anything wrong,” she said. “I have not broken any laws. I have not violated any IRS rules or regulations, and I have not provided false information to this or any other committee.”~~~

I never heard Reverend Wright say anything inflammatory; in 17+ years.
I never used another name prior to getting my lawyer license.
I knew nothing of Benghazi attacks.
I cannot wear my birth certificate on my forehead; it is on the internet.

(add more to the list)


27 posted on 05/22/2013 12:42:29 PM PDT by F15Eagle (1Jn4:15;5:4-5,11-13;Mt27:50-54;Mk15:33-34;Jn3:17-18,6:69,11:25,14:6,20:31;Ro10:8-11;1Tm2:5-6;Ti3:4-7)
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To: DannyTN
I don’t think she waived her right, unless it was explicitly stated that she waived her rights.

Gowdy pointed out that her act of sitting there stating her side of the matter amounted to testimony, which waives the 5th (I'm not a lawyer either, but that's as I understood it).

28 posted on 05/22/2013 12:42:39 PM PDT by ScottinVA ( Liberal is to patriotism as Kermit Gosnell is to neonatal care.)
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To: Second Amendment First

Her lawyer knew this and had her do it this way. That way she gets to have it both ways. No lawyer working in DC would have her do that unless that’s EXACTLY what he wanted. or she went rogue, and if that’s the case, the lawyer will say so. just sayin’....


29 posted on 05/22/2013 12:42:46 PM PDT by IllumiNaughtyByNature ($1.84 - The price of a gallon of gas on Jan. 20th, 2009.)
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To: Cowboy Bob

All to protect Obama and Obamacare....


30 posted on 05/22/2013 12:42:47 PM PDT by caww
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To: Second Amendment First

I believe that Issa is wrong.

One can select questions that they believe do not incriminate, and answer them, without having to answer those that do.

Issa flubbed bigtime by not continuing to ask all of the questions, and getting her on record on each of them, one way or the other.


31 posted on 05/22/2013 12:42:55 PM PDT by editor-surveyor (Freepers: Not as smart as I'd hoped they'd be)
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To: Timber Rattler

She has a high powered lawyer. She got caught in a trap. But he must have been asleep at the wheel behind her to let her say anything like she did to Issa.


32 posted on 05/22/2013 12:43:05 PM PDT by RummyChick
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To: Second Amendment First

You know, we could have the best of both worlds here. Now everyone hates this horrid woman for taking the Fifth, and we still can get her to answer questions. People always overestimate the intelligence of Democrats.


33 posted on 05/22/2013 12:43:09 PM PDT by Mamzelle
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To: DannyTN

She did waive it. No one can be compelled to testify against themselves. But that means you cannot testify at all. When someone is on trial for murder the only choice is to not testify at all or be compelled to answer all questions. A defendant cannot say “I’m innocent of all charges” and then invoke the Fifth.

This prevents what happened today. She cannot just present her side and then shut up.


34 posted on 05/22/2013 12:43:19 PM PDT by Truth is a Weapon (Truth, it hurts so good.)
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To: Second Amendment First

Rush Limbaugh announced this on his radio close at 2:58 est, the article was not posted until 3:15 est. Hum...


35 posted on 05/22/2013 12:43:23 PM PDT by swamprebel (a Constitution once changed from Freedom, can never be restored.)
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To: RummyChick

He didn’t this morning....his committee’s lawyers obviously did some research during the lunch break and told him that she had effectively waived her right to remain silent when she gave her statement.


36 posted on 05/22/2013 12:43:27 PM PDT by Timber Rattler (Just say NO! to RINOS and the GOP-E)
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To: Second Amendment First
“She went ahead and made a statement, so counsel let her effectively under the precedent, waive — so we now have someone who no longer has that ability.”

And a couple of years from now, after the courts have ruled that she tacitly waived her 5th amendment rights, she will have to re-testify. Wouldn't be surprised if her attorneys had not already filed a challenge.

37 posted on 05/22/2013 12:43:34 PM PDT by newheart (The worst thing the Left ever did was to convince the world it was not a religion.)
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To: TheShaz

...repeat her 5th Amendment over and over...

And THIS will be played over and over on every 2014 Republican\Tea Party campaign video...


38 posted on 05/22/2013 12:43:50 PM PDT by Paisan
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To: Second Amendment First

Her lawyer - specifically - told Issa yesterday that she would NOT be giving any opening statement.

That is a part of this.


39 posted on 05/22/2013 12:44:02 PM PDT by Noamie
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To: RummyChick

Issa blew it!

What can you expect from a former car thief turned congress critter?


40 posted on 05/22/2013 12:44:04 PM PDT by editor-surveyor (Freepers: Not as smart as I'd hoped they'd be)
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To: Second Amendment First
Well, that's a teachable moment, Lois

You might want to have a chat with your counsel. Gotcha

41 posted on 05/22/2013 12:44:07 PM PDT by atc23 (The Confederacy was the single greatest conservative resistance to federal authority ever.u)
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To: Second Amendment First
So Lerner has Roady ask a "planted" question to "break" the story and the WH finds out about it the same way we did?

So now Issa can ask her who told her now was a good time to break this story.

"Are we to believe Ms Lerner that you were about to go public with a huge scandal involving the purely political actions of the IRS and you were not consulted or did not consult the White House?


42 posted on 05/22/2013 12:44:16 PM PDT by GregNH (If you can't fight, please find a good place to hide!)
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To: Second Amendment First
I have a feeling she is a loose cannon and the administration is now very nervous.

Advising her to plea the 5th was probably advised only after they came to the conclusion she wasn't stable enough to tell the lies.

43 posted on 05/22/2013 12:44:26 PM PDT by riri (Plannedopolis-look it up. It's how the elites plan for US to live.)
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To: Mamzelle

So let me gets this straight. She had the RIGHT TO REMAIN SILENT behind the 5th amendment, she just lacked the ability to shut her trap.

Have I got this right?


44 posted on 05/22/2013 12:44:30 PM PDT by TheShaz
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To: Second Amendment First

She thought she could have it both ways - spin for the media AND take the fifth to protect herself and 0.


45 posted on 05/22/2013 12:44:42 PM PDT by BlatherNaut
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To: RummyChick
He has to consult with HER COUNSEL if she has technically waived her rights to the fifth?

I don't think so.

Hey, not trying to get in a dust up, I'll be thrilled if she comes back and has to spill her guts, but not until she actually does.

46 posted on 05/22/2013 12:44:54 PM PDT by Lakeshark (!)
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To: DannyTN

Yes, she waived her rights by testifying. The question is...was the waiver going to act like it does in a Court of Law.

Gowdy was a Federal Prosecutor. He knew the waiver when he heard it.

Apparently, it’s going to work the same in a Congressional Hearing.


47 posted on 05/22/2013 12:45:22 PM PDT by RummyChick
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To: RummyChick

It is curious. Why would her attorney allow her to do that?!


48 posted on 05/22/2013 12:45:24 PM PDT by txmissy
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To: Second Amendment First

Keep dragging her up so she has to pay her lawyer. Bring non-work related charges.


49 posted on 05/22/2013 12:45:31 PM PDT by bmwcyle (People who do not study history are destine to believe really ignorant statements.)
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To: Gay State Conservative

Cummings said the hearing is not the same as a trial. I’d imagine Lerner’s attorneys will come back and say she did not answer any questions, only made a statement - parse it to their advantage.


50 posted on 05/22/2013 12:46:04 PM PDT by Rennes Templar (The true Obama persona is emerging, the one from his first Presidential debate.)
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