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.”
Just let each member have a shot at asking her questions, and make her have to take the Fifth over and over and over.
I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall. I don't recall.
And that will be that.
Didn’t I hear her quote O.J. Simpson” “I’m 200% innocent!”?
Another meaning of what “the meaning of is, is” type of deal.
Since her statement was made under oath, and testimony proves her assertions are false, perjury charges are a possibility.
Can’t wait to see her lose her cool. If she claims she has done nothing wrong, then what is she afraid of? Let the blood letting begin.
Umm no. TV cops like to play that but it’s not true. Your 5th amendment rights apply to every question individually regardless of any previous statements or questions answered.
I had the right to remain silent, I just didn't have the ability.
Howdy should ask about the content of her prayers tonite.
Well, Lois... sounds like you're getting an invite back to the hotseat to explain yourself. Congratulations. And how do you like the color orange?
and a closing comment: “I don’t recall....and in the end, what difference does it make?”
I Strongly disagree. When I see real prosecution and jail time I will be convinced. So far not one person Issa has gone after has seen any consequences whatsoever. Issa will put on a big show then she will disappear into some other high paying federal job while the taxpayers pay her full pension from her IRS job. Tell me how that is a deterrent to criminal activity?
I don’t know about that, RummyChick.
What happens if she returns and says I plead the 5th again and then answers nothing?
What happens if she shows up again and say I don’t know, I don’t know, I don’t remember, I can’t recall, I was baking cookies for my daughter.
What happens if she doesn’t show at all?
If she in fact waived her right, then why did Issa dismiss her? Why did he not inform her of such then and there, then put her to the question, then jail her for contempt upon her non response?
Anyhow, I’m just posing those questions in general, not specifically to you, I guess we have no choice but to see what happens next.
"I'm not here to discuss the past," Mr. McGwire Lous Lerner responded. "I'm here to be positive about this subject."
I also suspect that Gowdy told Issa that he better not screw this hearing up and get her back ASAP. Doubt Gowdy was subtle about it.
That's exactly how I see it and am picturing it ;)
Holy Schneikes! Now this is an occasion for citizens to write/call/email their congresscritter and tell them you support Issa’s decision and so should they! Don’t know last time I wrote my congressman, but am doing it right now.
Now she can go to the Hillary defense, and keep saying “I don’t recall.”
It will be interesting to see what her lawyers have her do.
They will probably tell her She should keep her mouth shut.
Lerner may be seeking an immunity deal, and her lawyer may have been sending Obama a signal: invoke exec privilege, or she sings like a canary.
Let’s give Issa some space here.
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