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Alan Dershowitz: IRS Chief Lerner 'Can Be Held in Contempt'
NewsMax ^ | 05/23/2013 | By Bill Hoffmann

Posted on 05/23/2013 8:12:59 AM PDT by SeekAndFind

Lois Lerner, the Internal Revenue Service’s embattled director of Exempt Organizations, could be held in contempt of court and jailed for refusing to testify before Congress, civil-rights lawyer Alan Dershowitz says.

"She's in trouble. She can be held in contempt," Dershowitz told "the Steve Malzberg Show" on Newsmax TV.

"Congress . . . can actually hold you in contempt and put you in the Congressional jail."

Lerner, grilled Wednesday on the IRS' targeting of conservative organizations, invoked her Fifth Amendment right against self-incrimination — but not before insisting "I have done nothing wrong."

Her brief statement of innocence has opened a legal Pandora's Box, according to Dershowitz.

"You can't simply make statements about a subject and then plead the Fifth in response to questions about the very same subject," the renowned Harvard Law professor said.

"Once you open the door to an area of inquiry, you have waived your Fifth Amendment right . . . you've waived your self-incrimination right on that subject matter."

He said the fact that Lerner went ahead with her proclamation of could be considered malpractice on the part of her attorney — although it's possible she overruled the advice she received.

"It should never have been allowed. She should have been told by her attorney that the law is clear, that once you open up an area of inquiry for interrogation, you have to respond," he said.

"Now she may have made a political decision that it's worth it to take the risk . . . That's just not the way the law works. It may be the way politics works . . . but she can't invoke the Fifth."

He said the issue goes back to the "bad old days" of McCarthyism, during hearings in which suspected Communists were grilled by the House

(Excerpt) Read more at newsmax.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events
KEYWORDS: 113th; alandershowitz; bhoirs; contempt; corruptdems; irs; lerner; loislerner
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CLICK ABOVE LINK FOR THE VIDEO


1 posted on 05/23/2013 8:12:59 AM PDT by SeekAndFind
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To: SeekAndFind

If she watched what happened to Shulman once Trey Gowdy got ahold of him she might prefer going to jail rather than testifying. That was the verbal equivilant of a prison rape.


2 posted on 05/23/2013 8:15:43 AM PDT by SCHROLL
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To: SeekAndFind

I would pretty much accept Dershowitz’ opinion on this as being pretty dispositive.

Drag her back in, and grill her. She has to answer.

And now I’m happy that they didn’t do so yesterday. Now she’s had a night or two to lose sleep and fret and stew over how she has really screwed it all up.


3 posted on 05/23/2013 8:18:08 AM PDT by henkster (I have one more cow than my neighbor. I am a kulak.)
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To: maggief

What difference does it make? /s


4 posted on 05/23/2013 8:20:00 AM PDT by hoosiermama (Obama: "Born in Kenya" Lying now or then.u)
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To: SeekAndFind

Jailed? By whom? Attorney Corporal Holder? The guy who’s said to be the Attorney Corporal-In-Waiting,Deval “Coupe Deval” Patrick,a soft spoken Marxist who goes way back with Osama Obama...back to the days when they were both Chicago street punks (sorry,”community organizers”)?


5 posted on 05/23/2013 8:21:06 AM PDT by Gay State Conservative (Leno Was Right,They *Are* Undocumented Democrats!)
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To: SCHROLL

Elijah Cummings is changing his tune today and supporting Lerner and her 5th plea ,because he thought she got away yesterday


6 posted on 05/23/2013 8:21:21 AM PDT by molson209
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To: SeekAndFind

Wonder if Obama and Valerie will camp out on AF1 for a few months?.


7 posted on 05/23/2013 8:21:31 AM PDT by Vaduz
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To: Gay State Conservative

Congress has their own jail


8 posted on 05/23/2013 8:23:14 AM PDT by eyeamok
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To: eyeamok

What’d they do, convert the old post office???


9 posted on 05/23/2013 8:24:10 AM PDT by gov_bean_ counter (Romans 1:22 Professing themselves to be wise, they became fools,)
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To: SeekAndFind
He said the fact that Lerner went ahead with her proclamation of could be considered malpractice on the part of her attorney — although it's possible she overruled the advice she received.

It's the arrogance of 34 years in the federal government coming through. She overruled IRS rules as well when it was convenient for her as well.

10 posted on 05/23/2013 8:26:30 AM PDT by Uncle Chip
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To: SeekAndFind
He said the issue goes back to the “bad old days” of McCarthyism, during hearings in which suspected Communists were grilled by the House on American Activities Committee and Senate committees.
_____________________________________________________________

I like Professor Dershowitz, but once again, he shows the laziness of the pundit class. As Ann Coulter once told the super self important Bill O’Rielly.
“It was the HOUSE UnAmerican Activities Committee (HUAC)
Joe McCarthy was a SENATOR”

The funniest line of the day was O’Rielly’s insipid answer. “Well, he had a lot of influence over them”.

11 posted on 05/23/2013 8:27:31 AM PDT by Tupelo (The Government lies, then the media lies to cover up the government lies.)
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To: SeekAndFind

If our side would just get their face in a camera and explain the process a little better the publik wouldn’t jump to such conclusions about republicans; Issa can simply, “blame the process” with which he has to uphold and, “she gave him no choice”...


12 posted on 05/23/2013 8:27:36 AM PDT by CincyRichieRich (He thwarts the plans of the crafty so that their hands achieve no success...Job 5:12)
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To: SeekAndFind

If Martha Stewart had to do time, certainly this bureaucratic miscreant should be given an opportunity of seeing the world from behind bars!


13 posted on 05/23/2013 8:27:58 AM PDT by Errant
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To: Uncle Chip

Lois Lerner is also a lawyer.


14 posted on 05/23/2013 8:29:16 AM PDT by reagandemocrat
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To: molson209

Sure he is. His purpose in these heaings is to seem all offended while steering any hints of direct involvement away from Obama.


15 posted on 05/23/2013 8:29:22 AM PDT by SCHROLL
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To: Gay State Conservative

The Congress has it’s own police force........


16 posted on 05/23/2013 8:31:24 AM PDT by Red Badger (Want to be surprised? Google your own name......Want to have fun? Google your friend's names........)
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To: Tupelo
The funniest line of the day was O’Rielly’s insipid answer. “Well, he had a lot of influence over them”.

O'Reilly claims to be running a no-spin zone, but he spins with the best of them.

17 posted on 05/23/2013 8:31:43 AM PDT by Leaning Right
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To: molson209

yeah, well Cummings isn’t the sharpest pencil in the box


18 posted on 05/23/2013 8:33:10 AM PDT by Buckeye McFrog
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To: SeekAndFind

Alan Dershowitz: “IRS Chief Lerner ‘Can Be Held in Contempt”

Well... YOU’D be if you pulled a stunt like THAT!


19 posted on 05/23/2013 8:37:06 AM PDT by SMARTY ("The man who has no inner-life is a slave to his surroundings. "Henri Frederic Amiel)
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To: SeekAndFind

Concerning Dershowitz’s remarks: It’s refreshing to see someone speak honestly for a change.


20 posted on 05/23/2013 8:38:48 AM PDT by Savage Beast (The forces of decadence are the forces of evil.)
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