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.”
According to this article:
Congress’s Contempt Power and the
Enforcement of Congressional Subpoenas:
Law, History, Practice, and Procedure
Todd Garvey
Legislative Attorney
Alissa M. Dolan
Legislative Attorney
August 17, 2012
http://www.fas.org/sgp/crs/misc/RL34097.pdf
the House has the power to incarcerate Lerner until she testifies, however, that power has not been used in modern times.
It is difficult for me to imagine Lerner’s lawyer not warning her about this.
It is difficult for me to imagine Lerner proceeding according to some plan.. But if she did proceed according to a plan, the plan would be a classic Obama chicken ploy: a constitutional showdown.
IIRC, executive privilege generally cannot be invoked unless matters of national security are involved. I suppose Obama could toss a monkey wrench into the courts by claiming IRS investigations of the Tea Party groups tax status falls under national security, but that is a fairly wild claim that I think most people would agree could not be expected to hold up in court. Once in the court system, it would just be a festering boil, periodically popping up with more bad news for the Democrats up to and beyond 2014.
Personally I would like to see Lerner in handcuffs and led off by the Sergeant at Arms if she continues to refuse to testify. I think that would make a good visual for the real face of the IRS.
I don’t care who what or whatever. It needed gettin’ done and it got done.
Hannity just said Issa will be a guest on his tv show tonight.
Can you identify what specific part of what I said was incorrect? I am not a lawyer (engineer - which means words actually mean things, unlike many lawyers), so I do not know what you are referring to as being turned upside down.
Thanks!
Really? And just why wouldn't they be able to call her back, even after dismissing her? Is there some kind of double jeopardy that applies to how many times a federal government employee can be called to testify before Congress?
It is what happened. Sometimes a cigar is just a cigar and there really is no double super secret strategery going on.
Occam’s razor is most often correct. Sorry. I want to believe in something too. But I am not going to ignore my lyin eyes and common sense to feel good about it.
Hopefully Issa now takes advantage of Gowdy saving him.
Will she be back this afternoon, or tomorrow?
Just wondering when the hearings will resume.
I dunno.....watch the links at #153, Issa and Gowdy my have very well tag teamer her....
Gowdy was of the same mind, namely, that she waived her rights. The only difference is Gowdy wanted her testimony today, but Issa did not want to waste time when there was better, fresher meat at the table in front of him, along with an opportunity for a slow grilling at a later date.
So you're saying what, that Limbaugh is the only one able to figure things out ?
Thanks, but most of us here don't need RL to 'splain things to us.
If anything, his researchers have been reading FR, where most of the possible outcomes of today's events have been grist for the mill for at least a week.
I'm no fan of Issa's, but that was a shrewd one he pulled this AM. IMO, he knew exactly what he was doing.
Not a “troll”.
Issa was caught off guard by her making an opening statement; and exactly why would the committee consult with the DoJ?
FAIL !
Could they? Sure. Would they? Has he EVER? Bo. Has anyone ever been held to account by Issa? No. Does he go along to get along? Yes.
Gowdy saved this.
I’m late to this discussion and haven’t had a chance to read all of the comments, but I agree with you, since she is subject to recall, nothing he did was fatal. Heck, it’s possible that what we saw today was Issa-directed Kabuki.
I’m not going to get too mad at Issa or the committee until we see how it plays out. It may be that she needs to play it this way for her own safety. If she has damning evidence against the White Hut, it might be wise to make it look like CONgress had to nearly beat her to death to get her to rat. Let’s just see what develops.
Of course it’s just as possible, if not probable, she’s an arrogant liberal witch who jeopardized her rights.
I think I agree....give them enough rope and.......
Time will tell I guess, hoping we're right.
Maybe they want to call her back with OTHER witnesses.....or alone.
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