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.”
She gains the ability to claim, i took the 5th (which the WH probably told her to do) and also get to testify so it all doesn't fall on her head by saying..."oops, they got me on a technicality and forced me to testify."
He asked her if she would be willing to answer limited questions, she declined.
That makes sense, thanks.
Every question I wold ask of her would start with, who pays you???? Who are your responsible to??? The American people!!! Don’t you think they deserve an honest answer for the money they pay you? Now the question is this....
I agree that her lawyer had her do it this way. Probably to protect her from the 0 admin. IOW, it will appear that she was forced into testifying against her will. Maybe why Zero wants her head with the “Heads should roll” meme playing out.
Not quite sure if your reply was sarcasm; or not.
If not, do you think DoJ would be inclined to give an honest answer?
The party od Stupid? That would give them too much credit methinks. Gowdy or Cruz I could see. But issa would fret that it would be unfair to dems and work to come together....
To the extent feasible and legal, we need conservative commentators and GOP congressional staff to do a much better job of telling us what the Hell is going on as these developments occur.
The Left uses this megaphone like a symphony. We are an impoverished underground and end up bitching at each other.
anyone ever seen Prison break?
This is like the Govt throwing this out when Benghazi was getting close and now this is front news, well for a couple of media outlets anyway.
This Govt is like the company out of prison break if not worse
WADR, Gowdy in this case saved nothing. The witness was released subject to recall prior to Gowdy’s rant.
Immunity
Whatever
Can’t invoke exec privlege. Only applies to direct advisors to the president, not some govt agency manager.
What was that document anyway? I kind of wonder if it didn’t say:
HEY, LOIS........YOU JUST EFFED UP!
I have used the 5th in court and it was question by question. The court recognized it as a civil right.
Just sayin’
I never testified in front of Congress, that will be the difference.
Be sorta hard to protest something before it happened.
Continue to insult Freepers,,it’s your perogative. Who is forcing you to be here?
Delicious, indeed!
Just because she might refuse to answer questions is no reason to not ask dozens, if not hundreds of question.
i don’t understand.
he let her go, then consulted with the lawyers, then changed his mind
where am i thinking wrong?
I think what she did was “too cute, by half” and she stepped in it when she opened her mouth. But if she is in contempt, she won’t really get in trouble.
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