And that is exactly the way the 5th Amendment has always worked. It cannot be applied selectively, as Lerner did.
It is now apparent, however, that this is part of the Democrat defensive strategy -- which assumes a compliant media.
Make a statement claiming your innocence, then claim 5th Amendment protection against self-incrimination. The actual law doesn't allow that -- but claim that it does. Let the media assert that the Republicans are being "partisan" in their "interpretation". Convince the Low Info Voter that it's just a "partisan squabble" and the Republican Congressmen are acting out of hatred for women, government, whatever.
This is exactly how Clinton won the impeachment issue -- by using the media to contend it was "all about sex" when it was really "all about perjury and obstruction of justice".
The media is liberalism's first line of defense.
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.