Author Topic: Congressman Trey Gowdy checkmates Lois Lerner  (Read 2290 times)

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Offline mystery-ak

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Congressman Trey Gowdy checkmates Lois Lerner
« on: May 22, 2013, 08:41:39 pm »
http://communities.washingtontimes.com/neighborhood/tygrrrr-express/2013/may/22/congressman-trey-gowdy-checkmates-lois-lerner/

 Wednesday, May 22, 2013 - The Tygrrrr Express by Eric Golub


KNOXVILLE, Tenn., May 22, 2013 — President Obama has finally met his match. After years of deflecting and blaming others for numerous scandals, he finds himself up against one man with superior skills.

South Carolina Congressman Trey Gowdy speaks with a slow Southern drawl. While coastal snobs may consider him a “hick” or a “hilbilly,” Gowdy is all brains. Unlike some politicians, he has actually in his lifetime held gainful and meaningful employment. He was a prosecutor, and his interrogation skills reflect a superb intellect.

During various congressional hearings, many committee members use their limited time to admire their own voices. Gowdy gets straight to the pertinent questions. He knows the law. He was at his prosecutorial finest when IRS employee Lois Lerner tried to stonewall the Oversight Committee.

From Benghazi to Fast and Furious to the Associated Press, keeping track of Obama scandals requires sharp focus. The IRS scandal involves government employees deliberately targeting politically conservative and other organizations that Obama dislikes, as well as targeting individuals who have irritated the Obama machine.

California Congressman Darrell Issa’s committee wants one major question answered: Who decided to use the IRS to target political opponents? Lerner may know. She decided to invoke her Fifth Amendment privilege against self-incrimination. She refused to answer questions. Yet she badly miscalculated.

She began with a self-righteous opening statement claiming she did nothing wrong. Only after defending herself did she invoke her Fifth Amendment rights.

SEE RELATED: IRS, Lois Lerner, Fox News: But where’s the sex scandal?

Republicans on the committee thought they had been defeated, but Gowdy knew better. Once a person issues a statement, Fifth Amendment privilege is waived on the substance of the statement. By issuing an opening statement, Ms. Lerner was testifying. Her right to stay silent on that testimony was gone forever.

A panicked liberal Elijah Cummings of Maryland pointed out that while congressional hearings are “like” a court of law, they are not in actuality a court of law. Even Congressman Issa, normally a very sharp and prepared operator, had to check on whether Gowdy’s interpretation applied.

It absolutely does. So what do Republicans do next?

Long ago, Obama took the gloves off because he rightly concluded that Republicans did not have the stomach for a protracted fight. They would back down because they always do. They are so scared of being seen as “mean” and “partisan” that they would rather just say they tried their best and roll over.

Gowdy does not roll over, but he is not in charge. Issa has a major decision to make.

Since Lerner waived Fifth Amendment privileges, Issa must compel her testimony.  If she refuses, then she must be arrested and held in contempt of Congress. She can sit in a cell until she agrees to testify.

This might not end the matter. Susan McDougal spent eighteen months in jail to protect the Clintons. Maybe Lerner is willing to remain in jail to protect President Obama.

Maybe she is not.

Her defenders would portray her as a victim, a poor helpless woman being attacked by mean men on the committee.

This woman is no victim. There is a criminal element in our government. Using the IRS to target political opponents is a crime. Lerner is suppressing information on who may have been in charge of ordering those crimes. She blundered on the stand, which is her fault.

Like many Obama employees, she has used the legal system to keep the truth at bay. Unlike her colleagues, she was less clever about it. She turned out to be the weak link.

House Speaker John Boehner asked when somebody was going to go to jail over this scandal. Republicans finally have grounds for jailing somebody. Dominos have a better chance of falling when there is a real fear of actual consequences for bad behavior. Democrats may finally start talking when they realize that Republicans are actually serious this time about enforcing the law.

The only issue will be if Republicans have the guts to force Lerner’s testimony under a threat of imprisonment. If they roll over, they have only themselves to blame.

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.

If Americans finally do get the truth, heads will roll. It would be fitting that convictions would result from a superb prosecutor doing his job and not letting go until the truth came out.



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Offline Cincinnatus

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Re: Congressman Trey Gowdy checkmates Lois Lerner
« Reply #1 on: May 22, 2013, 08:52:57 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

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Re: Congressman Trey Gowdy checkmates Lois Lerner
« Reply #2 on: May 22, 2013, 08:54:20 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,
�The time is now near at hand which must probably determine, whether Americans are to be, Freemen, or Slaves.� G Washington July 2, 1776

Offline truth_seeker

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Re: Congressman Trey Gowdy checkmates Lois Lerner
« Reply #3 on: May 22, 2013, 09:09:28 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

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Re: Congressman Trey Gowdy checkmates Lois Lerner
« Reply #4 on: May 22, 2013, 09:12:26 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.
�The time is now near at hand which must probably determine, whether Americans are to be, Freemen, or Slaves.� G Washington July 2, 1776

Online Right_in_Virginia

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Re: Congressman Trey Gowdy checkmates Lois Lerner
« Reply #5 on: May 22, 2013, 10:52:42 pm »
I wonder why she didn't have the attorney read the statement.

Oceander

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Re: Congressman Trey Gowdy checkmates Lois Lerner
« Reply #6 on: May 22, 2013, 11:01:43 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

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Re: Congressman Trey Gowdy checkmates Lois Lerner
« Reply #7 on: May 23, 2013, 12:25:26 am »
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...
�The time is now near at hand which must probably determine, whether Americans are to be, Freemen, or Slaves.� G Washington July 2, 1776

Oceander

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Re: Congressman Trey Gowdy checkmates Lois Lerner
« Reply #8 on: May 23, 2013, 12:26:34 am »
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.

Oceander

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Re: Congressman Trey Gowdy checkmates Lois Lerner
« Reply #9 on: May 23, 2013, 12:28:47 am »
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.

Online Right_in_Virginia

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Re: Congressman Trey Gowdy checkmates Lois Lerner
« Reply #10 on: May 23, 2013, 12:45:32 am »
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. 

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Re: Congressman Trey Gowdy checkmates Lois Lerner
« Reply #11 on: May 23, 2013, 12:55:58 am »
All I can say is "God Bless South Carolina" and "God Bless Trey Gowdy"    I heart Trey