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.”
Oh, Shiz-nizzz. It’s gonna get wiggy.
Her high priced attorney did a good job advising her!
For those that said Issa didn’t know what he was doing...I submit this..
Yes, he did.
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.
Perhaps, but it appears that she ignored the advice.
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.
Now, will Issa apologize to Gowdy for the public smack down?
Booyah!!! Issa kicks some arse!!!
LOL. Lets hope.
I don’t think she waived her right, unless it was explicitly stated that she waived her rights.
Best use of the taxpayers money in a while...
When she comes back a 2nd time to testify, I hope they have police on hand to arrest her if need be.
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.
The list, Ping
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“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.
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.
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