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House says IRS official waived rights, contempt possible
Chicago Tribune ^ | 28 Jun 2013 | Kim Dixon

Posted on 06/28/2013 2:08:32 PM PDT by mandaladon

Edited on 06/28/2013 3:28:58 PM PDT by Admin Moderator. [history]

WASHINGTON (Reuters) - An IRS official effectively waived her right not to testify about the tax agency's targeting of conservative groups, a Republican-led congressional committee concluded on Friday in a vote that cleared the way for Congress to hold her in contempt.


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


TOPICS: Breaking News; Crime/Corruption; Government
KEYWORDS: 5thamendment; alreadyposted; congress; contempt; contemptofcongress; corruption; democrats; gowdy; irs; irsscandal; irsscandals; issa; lerner; loislerner; obama; scandals; search; searchisyourfriend; treygowdy
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To: okie01
And that is exactly the way the 5th Amendment has always worked. It cannot be applied selectively, as Lerner did.

While it is proper to recognize that people can waive rights, I dislike the idea of having Fifth Amendment rights be implicitly waived. I think it would be better if an attempt to introduce self-serving statements by someone who has not overtly waived his or her Fifth Amendment rights would be met with an objection, whereupon the person could then either explicitly waive Fifth Amendment rights or else refrain from introducing the statements.

21 posted on 06/28/2013 3:12:36 PM PDT by supercat (Renounce Covetousness.)
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To: packrat35

I just bought one of that shows series because I can not handle the regular tv programming any longer. I just watch it over and over and it is actually pretty entertaining. I am going to get the rest of the series as well.


22 posted on 06/28/2013 3:19:09 PM PDT by funfan
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To: mandaladon
contempt possible

Oh Woopie Di Doo - I will only rest when someone from the IRS is in prison and the boss is impeached.
23 posted on 06/28/2013 3:21:29 PM PDT by Cheerio (Barry Hussein Soetoro-0bama=The Complete Destruction of American Capitalism)
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To: unixfox

Wow, a thousand dollar fine! What is that, two days
pay for her?

Now a hundred thousand that would be better, and five
to ten years for abusing the public trust...


24 posted on 06/28/2013 3:24:33 PM PDT by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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To: mandaladon

Obama will use the Presidential Pardon Power.


25 posted on 06/28/2013 3:26:40 PM PDT by FroggyTheGremlim (Palin was right (again)!)
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To: mandaladon

Naw. She ain’t going to the slam. Obama will give her an ambassadorship to some country. Maybe Iran, Iraq, Egypt, etc. One of his muzzie friend nations. She’d fit in good there.


26 posted on 06/28/2013 3:26:45 PM PDT by RetiredArmy (1 Cor 15: 50-54 & 1 Thess 4: 13-17. That about covers it.)
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To: supercat
I dislike the idea of having Fifth Amendment rights be implicitly waived.

Lerner had an attorney. A very expensive attorney. Questions like that is what they are for.

Either:

a.) he was caught unaware by her opening statement.

or b.) they are willingly following a political defense via the media as opposed to a legal defense via the law.

Further, employment of the 5th Amendment isn't rocket science. I took Civics in the 8th grade...and our textbook addressed this very question. At one time, it was what is called "common knowledge".

27 posted on 06/28/2013 3:34:24 PM PDT by okie01 (The Mainstream Media: IGNORANCE ON PARADE)
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To: Kickass Conservative
Just like the Zimmerman Case, the idiot 19 Year Old Girl testifying for the State is just being picked on by that mean White Cracker Defense Attorney.

lol, you mean Creepy *ss Cracker Defense Attorney...right?
28 posted on 06/28/2013 3:35:26 PM PDT by Girlene
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To: mandaladon

No, make sure he testifies first as this stinks at the source which is the top of the White Hut.


29 posted on 06/28/2013 3:41:22 PM PDT by max americana (fired liberals in our company after the election, & laughed while they cried (true story))
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To: okie01
b.) they are willingly following a political defense via the media as opposed to a legal defense via the law.

I've come to regard Congressional hearings as largely political theater, since Congress feels free to make up the rules as it goes along. Certainly a criminal defendant is allowed to make public statements to the media without waiving Fifth Amendment rights; the main case where statements without waiver may be restricted is before the jury (since jurors are not expected to be able to forget such statements).

Personally, I think one of the most important things that should be done to curb Fifth Amendment abuse by public officials is to make clear that federal employees' duties includes testifying regarding their actions on the job; while the Fifth Amendment applies to federal employees as it does to anyone else, refusal to testify about what one was doing on one's job should be regarded as a refusal to do one's job (i.e. a basis for immediate dismissal).

30 posted on 06/28/2013 3:48:12 PM PDT by supercat (Renounce Covetousness.)
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To: Girlene

Yep, Creepy Ass Cracker, just like me. LOL


31 posted on 06/28/2013 4:07:52 PM PDT by Kickass Conservative (They can follow the Communist, I'll follow the Constitution...)
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To: mandaladon

They used to burn witches! Oh dear so insensitive... Buhahahaha!!!!


32 posted on 06/28/2013 4:28:10 PM PDT by thegrump
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To: Cementjungle

As a SES Federal employee, her salary is probably in excess of $230,000 - at least. Also, no furlough for her. As a political employee she is exempt.


33 posted on 06/28/2013 4:35:49 PM PDT by SkyPilot
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To: mandaladon

As a federal employee, she works for the People.
She doesn’t want to testify to the representatives of the People?
Then she should be relieved of her position, give up her TSP and face the charges. Better yet, just ship her filthy communist rat azz off to Gitmo and let those super spooks work on her a while. She’ll sing like a canary then!


34 posted on 06/28/2013 4:57:00 PM PDT by lgjhn23 (It's easy to be liberal when you're dumber than a box of rocks.)
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To: mandaladon

Pish posh. Even though Holder has proven that this administration has no regard for Congressional contempt, look to Congress to blather and dither over whether or not to take such a “serious” action involving Lerner. I hold them ALL in contempt, and I don’t think they care either.


35 posted on 06/28/2013 5:08:54 PM PDT by lonevoice (Today I broke my personal record for most consecutive days lived)
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To: supercat
Personally, I think one of the most important things that should be done to curb Fifth Amendment abuse by public officials is to make clear that federal employees' duties includes testifying regarding their actions on the job; while the Fifth Amendment applies to federal employees as it does to anyone else, refusal to testify about what one was doing on one's job should be regarded as a refusal to do one's job (i.e. a basis for immediate dismissal).

Interestingly, you have just cited a condition of employment by the IRS. The IRS code states that any employee who invokes the 5th Amendment in a legal procedure shall lose their employment forthwith.

You could look it up.

However, this administration seems to take such points of law as "advisory", if not "obsolete".

36 posted on 06/28/2013 5:12:56 PM PDT by okie01 (The Mainstream Media: IGNORANCE ON PARADE)
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To: mandaladon

Sure. We’re going to get them all and put them in jail, and go after their bosses. We have that Right, you know.

We need a Revolution in this country, and it isn’t happening. If so many people are so pissed off about so many things the “Government” is doing or not doing, then why are we even having this conversation?

We should all exercise our 2nd Amendment and head for Washington, DC, to let the a$$hoes know WE WANT AMERICA BACK NOW!!!

What is it going to take to galvanize this country into action?


37 posted on 06/28/2013 5:54:10 PM PDT by Monkey Face (Happiness comes through the door you didn't know you left open.)
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To: mandaladon

I’m just curious, just exactly what sort of punishment does one get for being held in contempt of Congress?

Do they simply send you a nasty letter telling you how bad you are, and that’s it?

I ask this because I don’t see anyone trembling in their boots with a threat like this... (e.g. Eric Holder)


38 posted on 06/28/2013 7:34:41 PM PDT by SeekAndFind
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To: supercat

nor shall be compelled in any criminal case to be a witness against himself,

I don’t see any waiver of self incrimination here.

I believe I can shut up anytime I want to.

But, but ... if you don’t talk, you must be guilty (for what you would not say) ...

Kind of like, let us search, if you are innocent, what is the problem.

If ‘they’ want it their way, I guess I will zip my lips at the initial contact.

But what does in matter, anyway. Just lock me up, you know you want to.


39 posted on 06/28/2013 10:14:41 PM PDT by Scrambler Bob ( Concerning bo -- that refers to the president. If I capitalize it, I mean the dog.)
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To: Regulator
You're dreaming. Nonone is going to say a damn thing and no one will be punished. The gubment is corrupt and out of control and nothing will be done to stop it.

war is coming. Oh hai NSA

40 posted on 06/28/2013 10:58:42 PM PDT by Drill Thrawl (The Gubment Has No Legitimacy. It needs to be Removed!)
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