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.”
She can still show up and say nothing, and the penalty is Contempt of Congress. They’ll be lucky to manage to slap her wrist on her way back to her sinecure at the IRS.
She cannot say nothing. The committee can ask her 20 or more exact question then after each one she gets to say "I am invoking my 5th Amendment rights and decline to answer" This does not look good on TV.
When that happens, the judge will inform the jury that they free to assume the an answer would be adverse to the interests of the witness.
IOW, all implications must be made in favor the questioner.
And then Issa did the follow up by pretending to side with her and then asked her for further testimony by verifying that the written answers are hers
Played her like a Fidal
Monday morning quarterbacking.
She was right there in front of him today.
That was the time to lower the hammer.
Make her think and react on her feet.
There would have been no need to call her back.
Now she has additional time to scheme and plan and work out the next move with administration slip and fall lawyers.
Lerner is the true definition of scum..anyone with an IQ above 5 knows who she is protecting..Obama..because HE is the one that ordered everything..first the b*tch says she did nothing wrong, than pleads the 5th..confirming that she did a criminal act
Remeber, Lerner is not the ultimate objective. We need to learn (pardon the pun) what she knows, and where it leads. She is a simpleton, government lawyer and bureaucrat that is always ill prepared.
She looked pretty damn smug when making her statement, now lets see how arrogant she will be when put in the hot seat next time. No question she knows plenty and is protecting not only Odumbo but her own gubmint career.
A plea is not entered under oath. One may be convicted of the crime, but that does not increase the penalty because of perjury.
She swore in, declared herself innocent (under oath), then invoked the 5th.
She testified, then declared she will not testify (even though she was already under oath).
Once a perp is arrested, they are advised of their Miranda rights, and anything they say thereafter is eligible for use. They do not have to specifically state that they waive their rights - they can do so by evidence of their actions.
I vehemently disagree with you, but I am more than willing to do so in a FRiendly manner!
She looked pretty damn smug when making her statement, now lets see how arrogant she will be when put in the hot seat next time. No question she knows plenty and is protecting not only Odumbo but her own gubmint career.
So, she was too smart by half.
Wasn’t she accompanied by attorney(ies)?
She needs to ask for a refund and get new legal counsel.
Then what? The what has already happened here. The subject has changed.
People here have already been sucked into it. Now the subject is if she
waived her rights or did not waive her rights, instead of the real issues.
Issa got rolled and took him until this afternoon to realize it. He wants to
bring her back because he knows he got rolled today. Yet, the cat is already out
Of the cage, with the video of her proclaiming her innocence on heavy
rotation on all the news networks. Very little of her taking the fifth.
Love it!
Love it!
The IRSS beyotch has to come back in front of the cameras and on record!
Love it!
You should watch the videos of it, you’ll get a better flavor of what happened:
http://www.youtube.com/watch?feature=player_embedded&v=rxauVtK59xc
http://www.youtube.com/watch?feature=player_embedded&v=2i_WconfaVM
Here is what happened.
Issa nails her.
ON PURPOSE, I think.I don’t think it was accidental on his behalf.
He tells her to seek counsel and reconsider
she says she won’t answer questions.
He takes what she said as refusal to testify.
Gowdy makes a point of order
gets applause
Cummings get involved
Issa excuses her SUBJECT TO RECALL..while they research..and consult with DOJ
Issa did not screw up.
The Lois Lerner Speak-from-the-heart Song
My heart told me that I should get a wife
My heart told me I was in a rut
My heart told me I should get a wife
I wish my heart would keep it’s big mouth shut!
Selective amnesia—the new improved pleading the Fifth Ammendment.
and
Mmmmm.... but she did. It was an innocuous question about identifying some document or testimony to which she answered, "Yes." It took me a minute to realize what he had done.
According to the live thread she was asked if the IG report was true....
she replied that she didn't have a copy...
Issa handed her a copy and she signed off on it.
Game set and match to Issa.
editor-surveyor (Freepers: Not as smart as I’d hoped they’d be)
Your tagline is offensive. Who exactly do you suspect is going to take any of your posts seriously?
What a jerk
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