That’s the wrong way to look at it.
Waiving the 5th in a Court MAY be different that in a Congressional Hearing. Lerner has a high powered lawyer.
Since Issa isn’t a lawyer..he has to defer for the moment. Gowdy and Jordan probably don’t know the answer to this either.
But even if she waived her rights....they still can’t make her answer questions. They can hold her in contempt.