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.”
I don’t want to come across as some lying scumbag but sometimes personal information is none of the governments business.
I perfectly understand the 5th.
If they have something to investigate, investigate it.
Given that Homeland Security has stated that they believe TEA parties are Domestic Terrorist Organizations, you may be right.
I think at this point the only damage control for Obama is for poor Ms. Lerner to have a fainting spell, or maybe fall and hit her head........
If it is not a clear cut case either way, then it could be a gift that keeps on giving for the Republicans, if they so choose.
“One can select questions that they believe do not incriminate, and answer them, without having to answer those that do.”
WRONG!!! Where did you get your law license, from a box of Lucky Charms??? Wow!!!!!
That’s an arrogant bitch cut from the same weasel skin as the Hildebeast.
Many courts believe this.
I am not a lawyer but can testify to the fact that question by question can be answered or denied due to the 5th.
You’re overlooking that he stated that he believed she had waived her right to use the 5th by making statements.
Gowdy reinforced that and drew Cummings into the fray to get conformation by the disloyal opposition. Cummings had to back off.
In my mind Issa and Gowdy are on the same page and applying the old 1. 2 punch...
Gowdy???
Can we say President Biden? Unless he was in on this too then it is and then he is also out and it's Presient Boehner. I think it's over for Obama. I did not expect to have an IRS head testify and plead the 5th. I expected some sort of dance but pleading the 5th? Yea, there is fire in that smoke.
Trent Gowdy, Congressman from South Carolina
He still should have continued to ask ALL of the questions, and just let her hang Obama with each claim of self incrimination.
Issa blew it bigtime. (probably on purpose)
She committed perjury in her opening statement, but it will now be difficult to prove.
Asking the questions one by one and getting her affirmation that the answer would incriminate her would have been priceless.
It sure drew you out!
Yes, it was you that I put that in my tagline for, and you immediately knew it.
Amazing!
have only read up to your post, Roccus.
Maybe this has been asked and answered - does anyone know when she will be called back?
>> “By making an opening statement, she has introduced into the record issues she must then answer questions about.” <<
.
Only if the RINO lambs have the guts to force her!
(and you know that they don’t)
Sniff
Did he get his law degree via mail order? Oh, and is Lerner now asking for a REFUND of her legal fees?
You’ve obviously not ever been deposed.
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