Author Topic: Congressman Trey Gowdy checkmates Lois Lerner  (Read 1011 times)

0 Members and 1 Guest are viewing this topic.

Online mystery-ak

  • Owner
  • Administrator
  • Hero Member
  • ******
  • Posts: 257,506
Congressman Trey Gowdy checkmates Lois Lerner
« on: May 22, 2013, 04:41:39 PM »

Support the USO

Offline Cincinnatus

  • Hero Member
  • ****
  • Posts: 5,514
Re: Congressman Trey Gowdy checkmates Lois Lerner
« Reply #1 on: May 22, 2013, 04:52:57 PM »
Trey Gowdy did his part, and he did so brilliantly. He cracked the door ajar. Now he has to sit back and hope his bosses have the courage to take a battering ram and break it wide open.

Will they?

Another question: how can you claim 5th amendment protection from self-incrimination if you have done nothing incriminating?

"I have not done anything wrong. I have not broken any laws. I have not violated any IRS rules or regulations."
We shall never be abandoned by Heaven while we act worthy of its aid ~~ Samuel Adams

Offline Rapunzel

  • Hero Member
  • ****
  • Posts: 71,719
Re: Congressman Trey Gowdy checkmates Lois Lerner
« Reply #2 on: May 22, 2013, 04:54:20 PM »
Judge Napolitano is on with Cavuto right now.  He said the three things she did not do in her opening statement before she claimed the fifth she lost the privilege for those three denials and now she can and should be compelled to testify on those three items..... he said all Issa has to do is go around the corner to a judge and get a subpoena to compel her to testify on all three.  She has no choice then, but to answer.  He said her attorneys should have told her this before she opened her mouth,

Offline truth_seeker

  • Hero Member
  • ****
  • Posts: 19,428
  • Common Sense Results Oriented Conservative Veteran
    • The place where argument addicts can go
Re: Congressman Trey Gowdy checkmates Lois Lerner
« Reply #3 on: May 22, 2013, 05:09:28 PM »
Judge Napolitano is on with Cavuto right now.  He said the three things she did not do in her opening statement before she claimed the fifth she lost the privilege for those three denials and now she can and should be compelled to testify on those three items..... he said all Issa has to do is go around the corner to a judge and get a subpoena to compel her to testify on all three.  She has no choice then, but to answer.  He said her attorneys should have told her this before she opened her mouth,
And Lerner goes around the corner and gets another judge to grant an appeal to the first judge's ruling.

"God must love the common man, he made so many of them.�  Abe Lincoln

Offline Rapunzel

  • Hero Member
  • ****
  • Posts: 71,719
Re: Congressman Trey Gowdy checkmates Lois Lerner
« Reply #4 on: May 22, 2013, 05:12:26 PM »
And Lerner goes around the corner and gets another judge to grant an appeal to the first judge's ruling.

Won't do any good, she basically blew it with that statement.

A businessman friend of mine said his wife thinks Lerner did this on purpose today knowing it would compel her to have to tesify on what she knows.

Frankly at this point they are the gang that can't shoot straight.

Offline Right_in_Virginia

  • TBR Contributor
  • Hero Member
  • *****
  • Posts: 24,676
Re: Congressman Trey Gowdy checkmates Lois Lerner
« Reply #5 on: May 22, 2013, 06:52:42 PM »
I wonder why she didn't have the attorney read the statement.
"January 20th 2017 will be remembered as the day the people became the rulers of this nation again."  --  President Donald J. Trump

Offline Oceander

  • Technical
  • Hero Member
  • ****
  • Posts: 47,422
  • Chief Dork
Re: Congressman Trey Gowdy checkmates Lois Lerner
« Reply #6 on: May 22, 2013, 07:01:43 PM »
And Lerner goes around the corner and gets another judge to grant an appeal to the first judge's ruling.



Doesn't work that way.  She would have to seek an emergency order restraining the first judge from putting his/her order into effect and almost any judge is likely to refuse to act and to defer to the judge who issued the ruling.

And the fact of the matter is, the area of law in question is very well settled:  once she makes a statement she loses the Fifth amendment's protection on the substance of that statement.  The Fifth is binary that way, you either stay silent or you answer questions, you don't get to pick and choose.  That's why it can be such a Catch-22 for an accused person to take the witness stand and testify on their own behalf.  Once you open your mouth, you open yourself to detailed questioning.

Offline Rapunzel

  • Hero Member
  • ****
  • Posts: 71,719
Re: Congressman Trey Gowdy checkmates Lois Lerner
« Reply #7 on: May 22, 2013, 08:25:26 PM »
Quote
@NolteNC 3h

Looks like Lois Lerner is as bad at choosing attorneys who understand 5th Amendment law as she is at math.

Which reminded me, when she fluffed the math question she joked: I'm a lawyer, I don't do math.

As a lawyer SHE should have known her statement was trouble...

Offline Oceander

  • Technical
  • Hero Member
  • ****
  • Posts: 47,422
  • Chief Dork
Re: Congressman Trey Gowdy checkmates Lois Lerner
« Reply #8 on: May 22, 2013, 08:26:34 PM »
I wonder why she didn't have the attorney read the statement.

She'd still be required to testify about the substance of the statement; you can't evade the rule by having an agent speak for you.

Offline Oceander

  • Technical
  • Hero Member
  • ****
  • Posts: 47,422
  • Chief Dork
Re: Congressman Trey Gowdy checkmates Lois Lerner
« Reply #9 on: May 22, 2013, 08:28:47 PM »
Which reminded me, when she fluffed the math question she joked: I'm a lawyer, I don't do math.

As a lawyer SHE should have known her statement was trouble...

She should have, but considering her area of expertise, she most likely has only a very nodding acquaintance with Fifth Amendment jurisprudence.

More generally, I am quite sure that her attorney advised her on the consequences of making that statement and she chose to ignore his advice and go ahead and give the statement anyways, most likely out of arrogance and ego.  Clients are frequently their own worst enemies.

Offline Right_in_Virginia

  • TBR Contributor
  • Hero Member
  • *****
  • Posts: 24,676
Re: Congressman Trey Gowdy checkmates Lois Lerner
« Reply #10 on: May 22, 2013, 08:45:32 PM »
She'd still be required to testify about the substance of the statement; you can't evade the rule by having an agent speak for you.

Thanks .... I did not know that. 
"January 20th 2017 will be remembered as the day the people became the rulers of this nation again."  --  President Donald J. Trump

famousdayandyear

  • Guest
Re: Congressman Trey Gowdy checkmates Lois Lerner
« Reply #11 on: May 22, 2013, 08:55:58 PM »
All I can say is "God Bless South Carolina" and "God Bless Trey Gowdy"    I heart Trey


Share me

Digg  Facebook  SlashDot  Delicious  Technorati  Twitter  Google  Yahoo
Smf