Author Topic: FLASH: ISSA TO SUBPOENA LOIS LERNER BACK TO COMMITTEE... 'Waived Her Fifth Amendment Rights' By Giving Opening Statement...  (Read 1183 times)

0 Members and 1 Guest are viewing this topic.

Offline mystery-ak

  • Owner
  • Administrator
  • ******
  • Posts: 381,863
  • Gender: Female
  • Let's Go Brandon!
http://redflagnews.com/headlines/flash-issa-to-subpoena-lois-lerner-back-to-committee-waived-her-fifth-amendment-rights-by-giving-opening-statement

FLASH: ISSA TO SUBPOENA LOIS LERNER BACK TO COMMITTEE... 'Waived Her Fifth Amendment Rights' By Giving Opening Statement...
May 22, 2013

(Politico) -- 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.” Read more via Politico...
Proud Supporter of Tunnel to Towers
Support the USO
Democrat Party...the Party of Infanticide

“Therefore do not worry about tomorrow, for tomorrow will worry about itself. Each day has enough trouble of its own.”
-Matthew 6:34

Online Lando Lincoln

  • Hero Member
  • *****
  • Posts: 15,477
  • Gender: Male
Issa took the correct approach in not pressing the matter earlier.  Once she took the bait (I believe that was the tactic), he took the apparent high road.  Now, Lerner is in a tight, tight box.  She'd better upgrade her counsel.
There are some among us who live in rooms of experience we can never enter.
John Steinbeck

Offline Bigun

  • Hero Member
  • *****
  • Posts: 51,331
  • Gender: Male
  • Resistance to Tyrants is Obedience to God
    • The FairTax Plan
Good! This is exactly the right call!
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Offline Right_in_Virginia

  • Hero Member
  • *****
  • Posts: 79,323
Has this been confirmed?  It's not being reported.

Oceander

  • Guest
Issa took the correct approach in not pressing the matter earlier.  Once she took the bait (I believe that was the tactic), he took the apparent high road.  Now, Lerner is in a tight, tight box.  She'd better upgrade her counsel.

Her attorney should upgrade the quality of his clients - or at least make sure they put up a sizeable retainer ahead of time.  Her attorney is good enough that he must have warned her; she just thought she knew better - typical liberal.