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.”
“Once a perp is arrested, they are advised of their Miranda rights, and anything they say thereafter is eligible for use. They do not have to specifically state that they waive their rights - they can do so by evidence of their actions.”
Not true any more. A SCOTUS case turned Miranda upside down.(that doesn’t mean - as one poster here claimed - that you don’t have to give Miranda rights anymore)
.
Yup. Issa was headed straight to the usual nowhere and Gowdy upset the applecart. Issa Did ‘correct’ him publicly did he not?
Thank God Issa was not allowed to let this witch slide like he has so many others in his dog and pony shows.
“Oh well we’ll just let you go without making you answer the 5th to any questions that could lead somewhere like Obana...”
“first the b*tch says she did nothing wrong,”
That’s probably technically true, just following Obozo’s orders, even though she knew they were illegal.
She won’t say a word.
Obama says he didn’t know what was going on, so how could he possibly assert executive privilege. If he tried that, it would be an admission he knew what was going on. He’s not going to do that.
Impeachment File on Benghazi Coward B. Hussein Obama, aka Barry Soetoro, a legal citizen of the sovereign Nation of Indonesia.
By George, I think you've got it!
Issa wants to call her back because he knows he got rolled today.
The video of her proclaiming her innocence is getting heavy rotation,
very little of her pleading the fifth. And that is exactly what Lerner wanted.
But, but, but, didn’t you see Trey Gowdy pass Issa a note to ask that question???
You have just described the whole progressive menagerie. They all have *issues*, it seems to be some kind of life long adolescent rebellion.
I was pissed this morning, wanted Issa et al to ask her questions anyway — even if she pleaded #5 on all of them. That would be bad optics for the Administration.
However, now that she’ll be back, and can no longer claim #5, the optics will be even worse — she’ll just be continually refusing to answer — in clear contempt of Congress. The optics of this scenario will be much, much worse for the Administration.
After about the 1:25 mark, AFTER she has envoked the 5th, she answers a question for Issa.
That isn’t what happened.
It was a one two punch. Issa had already said that he thought Lerner waiver her rights and he was taking it as a refusal to testify.
One of the reasons that Gowdy got involved is because he wanted to shove it in Cummings face.
And of course, Cummings had to backtrack.
I wonder if her attorney advised her to take the fifth with the idea that the committee would eventually offer her immunity.
The video is at the second link at post #153
But if Gowdy had sat silent, she would not BE coming back. Issa would have dismissed her and that would have been that. No questions asked ... nothing. Just another opportunity GONE.
If you are subpoenaed to testify before Congress, you either exercise your right against self incrimination and do not say anything else, or you waive you right against self incrimination and answer every question that you are asked. You don't get to have it both ways.
She was not appearing before an ABA panel where she could write her own questions to be asked.
From what court? I thought that all lesser courts are under the jurisdiction of Congress. Only the Supreme Court has co-equal power with Congress. I don't think that a lower court can issue an injunction against Congress.
-PJ
Again from Hot Air:
After she reads her statement where she asserts her innocence and pleads the 5th…
Issa says…OK…We understand that, say would you mind just authenticating whether this IG transcript is we received last night is…authentic…We’d really appreciate that..if you don’t mind.
All lawyer chummy…very polite. She bit.
It looked to me like a cross examination and response.
Looked like a nifty trap to me…and Gowdy saw that too.
Maybe…Gowdy spoke out but was really talking to her lawyer…Cause she screwed up her 5th pleading both in the opening statement and responding to Issa’s innocuous request for authentication of evidence related to the investigation.
If I were her lawyer…I’d try and convince her to cut a deal and spill the beans.
workingclass artist on May 22, 2013 at 11:00 AM
469 posted on Wednesday, May 22, 2013 8:02:33 AM by MustKnowHistory
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.