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.”
He’s right:
http://nationalparalegal.edu/conlawcrimproc_public/PoliceInterrogation/WaivingFifthAmend.asp
It is important to note here that Teterman’s actions in the previous example do not prevent him from later asserting his Fifth Amendment right to remain silent regarding any future questions asked of him. The Miranda court held that the privilege is not waived “if the individual answers some questions or gives some information on his own, prior to invoking his right to remain silent.” Miranda v. Arizona, 384 U.S. 436, 476 (1966).
It’s been so long since I’ve seen anything resembling testicles from members of the GOP that I don’t have a high bar anymore.
They’re counting on the soft-headedness of the GOPe.
They have little to worry about; this isn’t the first time that Issa has thrown away our advantage in a hearing.
There has been a lot of talk about the IRS being Nazi like. After today, it looks like it is actually Jap.
Does he have some hold on the GOPe?
As much as I would love to see Obama gone.... It just is not going to happen.... Let’s focus on midterms.
I am not saying him and his corrupt cronies shouldn’t be investigated they absolutely should be and prosecuted but the senate will not remove the one from office...ever.
You have put this to rest. I was in AZ at the time of my hearing. What I need clarified is a federal employee under oath before Congress.
That to me could have a different interpretation.
our constitutional rights should not be able to be implicitly waived through that kind of trickery.
The 5th is the 5th is the 5th. You have the right to be cooperative up until they ask something the answer to which might incriminate you and then refuse to answer. Whether you’re talking to a judge, a cop or congress. If you didn’t then the minute you gave your name you’d have waived your rights and we might as not even have a 5th.
Woopsie Doodle!
She’s scared now. As in going to prison scared.
>> “It’s been so long since I’ve seen anything resembling testicles from members of the GOP that I don’t have a high bar anymore.” <<
.
You’re right, not even the sack they came in remains.
He will resign.
Exactly! Didn't Issa mention that very word when he dismissed Lerner?
How did you get so smart?
Oh brother. Biden
Not yet.
The House and Senate make their own rules.....but when did that ever stop Obama.
Maybe he want's a golf date with Bohner....
If I was in charge all golf courses would be converted into pistol/rifle/and training centers for the local militias.
But remember, the court is nothing but a human being, or a group of human beings.
Maybe in your case the court officials simply weren’t as sharp as Congressman Gowdy.
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