Asking me some of these questions is somewhat pointless.
The Fifth Amendment protection about self-incrimination has been around for quite some time. I believe the only way to go after Lerner would be to strike down that protection.
Look, the language may never have been there to begin with. That doesn’t mean that this premise hasn’t become established law. Courts recognize it. It is what it is.
What it tells me about her using it, is that she sees personal liability. In the day, it told me pretty much the same thing about Oliver North. In that day I was fairly happy the Democrats couldn’t touch him. I still saw it as problematic.
Here we are, and now the Democrats are benefiting.
You talk about the Fifth. The 14th doesn’t say that the children of illegal immigrants born here are citizens either.
The Constitution is gamed on these issues. I agree with you.
What do you propose to fix these issues?
We can begin by overturning Miranda, Then Roe v Wade, then Obamacare. We can try to insist on places like Free Republic that the courts interpret the constitution in accordance with the framer's intent and not to insist on precedent as a substitute for the actual words of the document.
I don't.
There's enough crap floating around that case that her testimony should be irrelevant to the actual proving of charges.