Issa just allowed Louis Lerner to waive her fifth amendment rights!

CSPAN3

[fooman]

I do not understand why she was not made to answer every question. And why has Congress not subpoenaed her computer (home and office)?

[Red Badger]

She can be given immunity from prosecution if she tells the truth and spills the beans on higher ups. If she lies after being given immunity she can still be prosecuted for lying.....

[fooman]

She did just that. They even handed her her printed out testimony she STILL said ‘five’..

Issa and Bonehead are letting them get away.

[McGavin999]

So you are all in favor of denying someone their constitutional rights just so you can slam republicans?

[Hoodat]

“She read a statement and then said she wouldn’t answer any questions. She was about to be dismissed then Trey Gowdy called a point of order and said she waived her 5th amendment rights by telling her side. She was dismissed subject to recall while the committed looks into whether she can do that legally.”

Correct. Exercising the right to remain silent means remaining silent. Once you testify, you essentially waive that right; and testify is exactly what she just did.

Think of a criminal case where one is on trial for murder. Once the defendant decides to take the witness stand and answer questions from his own lawyer, he opens himself up to cross-examination. Once he decides to testify, he does not get to pick and choose which questions he will answer from the prosecutor.

The same goes for Lerner here. Once she decided to issue a statement, she opened herself up to cross-examination, (at which point she decided to invoke Amendment V). The mistake here is that they allowed her to read the statement to begin with before asking her a question they knew she wouldn't answer.

[DoodleDawg]

Issa doesn't have a choice. Everyone has a 5th Amendment protection against self-incrimination. And considering that people are talking about criminal indictments coming out of this then I'd be amazed if anyone from the IRS doesn't invoke the 5th Amendment. Anything they say under oath before Congress can be used against them in criminal proceedings. Why provide testimony that will later be used against you?

[SWAMPSNIPER]

Trey Gowdy doesn’t miss much, wait and see what happens.

[knarf]

Where’s a live feed ?

[fooman]

Yes she is a bigot and one would think Cummings would be careful with condoning bigots.

[tennmountainman]

So. What prevented the GOP asking her some questions and FORCING
her to plead the fifth over and over again? Weak knee bunch of GOP
losers.. That’s what.

[JohnG45]

I had hoped that she would be asked maybe a dozen or two dozen questions, and she would have had to plead the 5th each and every time like I’ve seen many times in my lifetime on Capitol Hill. I wanted her to have to say it for EVERY question. On the record. Let the American people watch & see how corrupt the IRS is on live tv.

BINGO! BINGO! BINGO!

[null and void]

She’s allowed to plead the 5th. Nothing Issa can do about it. What did you think he would do, go down and punch her in the face?

I believe that if she is granted immunity, her 5th amendment rights against self incrimination become moot.

With no possibility of criminal prosecution there is no incrimination.

[Tom D.]

I am a lawyer and you are correct. Of course it would be the Department of Justice who makes the call on immunity. Mephistopheles has a better chance at getting frostbite than the DOJ granting this woman immunity so that she can be forced to testify before a Republican House Committee.

[fooman]

Please read #44. Right was waived

[null and void]

Actually an Executive Order by Ike calls for her firing if someone in her position pleads the 5th.

How does that square with current Civil Service rules?

[mbarker12474]

If you are in the Washington D.C. area, find the audio on FM 90.1.

C-SPAN radio.

Last week, I couldn’t get the internet video connection to feed. Try for the internet audio feed if you can’t get the video to work.

http://www.c-span.org/Live-Video/C-SPAN/

[tennmountainman]

I said nothing of the sort. I said ask her questions and make her plead
the fifth on each and every question. She could either answer or plead the
Fifth.

[ptsal]

http://www.youtube.com/watch?v=-m0IfrBt2Ug .

Lois Lerner - the designated fall girl

Lois has all of her job performance criteria recorded at the Charity Law Conference in Toronto in May 2012. That is one year ago!

[Ray76]

“Its ironic how this administration uses the constitution to cover its crimes which are against the constitution.”

The very definition of the modern politician.

[CA Conservative]

I am a little worried by your shock that she was “allowed” to use her Fifth Ammendment Rights- and your comment that she should be “forced” to answer...

The point of contention seems to be over whether she waived her right to invoke her 5th Amendment rights by giving a prepared statement. If you are on trial in court, you are not allowed to get up on the stand and tell your side, then refuse to answer questions on cross-examination by invoking the 5th. Once you start to testify on the matter in hand, you can't stop any time you want.

[rdcbn]

There is a legal distinction between invoking the 5th under sworn testimony and offering your own self serving prepared statement and then refusing to anwser question in that testimony.

Talk about arrogance .

I think Gowdy is correct on this :)

If so, little miss Lerner has two options at this point - cooperate or go to jail.

Sucks to be her

Way to go Gowdy