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.”
Lol...exactly!
Yeah, I wondered about that as well. And I don't really know. Maybe the Supremes have jurisdiction, at least it might fall under judicial review (Marbury v. Madison)?
[Disclaimer: I am not an attorney, nor am I the son of an attorney. Therefore, I am able to dispense legal opinions with impunity.]
I would NOT want to be on the opposite site of Trey Gowdy. That young man don't play!
She was under oath.
agreed. WH wanted her to take fifth, she said ok and “inmocently” waived. IMHO
You can’t testify (even to assert that you didn’t do something) and then claim the 5th.
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.
Agreed, this will be interesting.
I cannot imagine that she will return and provide any sort of truthful answers, but perhaps she will.
Outstanding. I think Trey Gowdy buttonholed Issa and told him how things really work.
I would vote for Trey Gowdy for president in a heartbeat.
Like that punk Miller, who took his oath with his head cocked to one side like a sullen teenage boy who was being called out for sneaking money out of his mom's purse. He was sneering, and antagonistic and snarky--like he was doing an imitation of Jon Stewart.
Now this nasty Lerner woman, with her self-righteousness that she could not resist displaying before she took the Fifth...
They are beyond disrespectful. They are downright neurotic! Nuts!
I noted on the live thread that patience is difficult right now but Issa has come up with a two-fer here.
He got Lerner to waive her Fifth Amendment rights while also getting her claiming the fifth, which is a double shot of excellent proportions.
His excusing of Lerner (for the time being) also opened up the questioning of Shulman, which established, on the record, a pipeline from the IRS to the White House during the period of Tea Party targeting. That’s a pretty good day at the office if you ask me.
Issa didn’t think that she would make an opening statement. Looks like that he assumed she would appear and leave after taking the Firth. She didn’t do that. She will be called back. Good that the people see how these IRS employees are acting. Issa should had been prepared. He has to stand firm so we know who made the directives to go after particular groups of citizens and to make it to where they never do this again to anyone.
I just hope this comes to pass - that she gets grilled and spills a bunch of heretofore unknown directives from higher ups to do their bidding in an illegal way.
That's what would get me excited, and until it happens I'm not going to over think what happened today.
Idiots
Right, but I don't think he's ever gotten this far, has he?
Just the title!
I bet her next address will be at Ft. Marcy Park!
Do I have the name spelled correctly?
LOL!
she’s already been sworn in so she’s still under oath. No way out.
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