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.”
That being said, I hope she comes back and has to spill her guts out.
This may be fun after all.......
Looks like he was using strategery.
I bet that her incompetent lawyer will now ask for a court injunction and try to delay her day of reckoning indefinitely.
He couldn’t. He had to consult with legal counsel AND HER COUNSEL.
Is she now on suicide watch?
Or should I say Chicagacide watch?
he did a great job.....he’ll be able to prolong billing LOL
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).
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’....
All to protect Obama and Obamacare....
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.
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.
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.
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.
Rush Limbaugh announced this on his radio close at 2:58 est, the article was not posted until 3:15 est. Hum...
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.
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.
...repeat her 5th Amendment over and over...
And THIS will be played over and over on every 2014 Republican\Tea Party campaign video...
Her lawyer - specifically - told Issa yesterday that she would NOT be giving any opening statement.
That is a part of this.
Issa blew it!
What can you expect from a former car thief turned congress critter?
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