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Lerner May Have Waived Right to Take the Fifth

Guess what? The lady may have protested too much!

IRS official Lois Lerner may have waived her right to Fifth-Amendment sanctioned silence before the House Oversight Committee because she decided to issue an in-your-face statement during today’s hearing about how she never did anything wrong.

Oversight Chairman Darrell Issa (R-Calif.) told Politico he plans to haul her . . . posterior . . . right back into the witness seat whence it arose.

“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’s possible mistake was noticed immediately by the sharp-minded Trey Gowdy (R-S.C.), a former prosecutor, who wanted to keep her before the committee.

He said lawmakers should at least be able to ask her questions about assertions she made in her statement.

“Think back to a trial,” he said. “You want to tell the jury you didn’t commit the crime but you don’t want the prosecutor to ask you any questions after you do it?”

He added: “That never would be allowed to happen.”

I mean, I’m just a caveman. I don’t understand the law. Your modern ways frighten and confuse me. But if you are invoking the Fifth Amendment right not to have to testify against yourself on the grounds that you might incriminate yourself, how does it make sense to be allowed to say you did nothing wrong? How can you, as Gowdy notes, just say, “I’m innocent,” and then be allowed to shut up and not be asked about it?

See you soon, Ms. Lerner!
 

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45 Responses to Lerner May Have Waived Right to Take the Fifth

  1. Come on people, this is back page news. You know where the obits are?
    The big news today was Kellie Pickler and partner (sorry don’t know name) won DWTS and wowed GMA / ABC News for most of the morning news coverage. Except for Obama’s statement on getting tough on the IRS, HaHa.

  2. I’m not a lawyer either, but I watched every episode of PerryMason.
    People who invoke the 5th, don’t even admit their name when on the stand.
    If there is any positive thing about MsLerner’s refusal to testify, it’s that she’s the only one in Washington who seems to know what happened, who’s to blame, and has names and dates noted somewhere.
    That alone makes her smarter than her bosses, MrHolder, and MrObama.

  3. Obama & his ilk should be happy – their general line of defense is that our government isn’t out to persecute their enemies, but rather merely filled with bungling idiots in high level positions throughout the bureaucracy. Ms Lerner’s actions certainly don’t dissuade anyone from believing the latter although I would ague that these two conditions are not mutually exclusive. When the rats start to feed on themselves, we’ll see about the former.

  4. When she made the statement she effectively waived her right to invoke the 5th amendment. Issa tried to let her refuse but she thought she could have her cake and eat it to. Surprised her lawyers didn’t know any better. You would think it would have figured to one of them to tell her no. Now it will get interesting. Wonder if she will try to get immunity now in exchange for what she knows?

  5. Off subject, but over here people are stunned by the barbaric murder in Woolwich, London. Two black men choose to attack and kill a passing young offduty soldier with knives and axes among strolling people and was afterwards filmed boasting and claiming they did it as a “revenge” in Allahs name. It´s horrible, it´s terrorism. It´s the “small scale, homemade” terrorism that , I believe, will pop up now and then and the perpetrators will be the Trojan Horses we have among us, many of them in fact citizens. They have some things in common, they have foreign roots in certain countries, they are Muslims and they hate the West ( but they live here anyway and not in one of their “wonderful” Muslim countries for some reason).
    By the way, no one intervened. This would be a moment to argue for the benefits of handguns. It wouldn´t surprise me if Barry soon pops up, offering his condolences ,claiming that this was an example of street violence. I don´t think that he will mention terrorism.
    In Stockholm we are right now having big riots and destruction by our own “Trojan Horses”. I believe that the so called “rightist” parties will gain many voters.

    • I saw the video and couldn’t believe how people just kept strolling while this was taking place and afterwards. The Manchester Guardian, a left-wing rag, did not give it coverage as of last night, but the Telegraph reported that there was a violent protest by about 100 English nationalists later that night.

      They refer to this type of terrorism here as ‘homegrown’ which sounds kind of mild and folksy. I don’t know if you’ve heard of the Fort Hood Massacre which Bammy characterized as “workplace violence”. The trial is finally coming up, and Nidal Hassan, who shouted Allahu Akbar before killing 13, is wanting to handle his own defense. I am hoping that he will reject “workplace violence” and rather will play the martyr and claim it was an act of terror.

      • Yes Julie, Barry is good in Newsspeak, he invents new expressions rather frequently. These Muslim attacks and riots are truly horrible but I do hope they will be eye openers for a lot of people. And of course for the media.

        • I just read of the riots in your country, Swedish Lady, four nights in a row! I have been a fan of Nordic mysteries for several years and from them a reader can pick up on the malaise in Scandinavia, malaise about cradle-to-grave nanny statism and about race relations with immigrants from the Muslim world. I don’t know where you live in Sweden, but I hope you stay safe.

          • Yeah, I saw the pix of that guy standing there all gory holding the cleaver and sounding off. Apparently that “scene was not secured” as we say here.

          • Thank you Julie, I am snug and safe here in the South but my daughter lives and works in Stockholm, however in a”safe” district. Oh yes, there is a malaise here in Scandinavia and our MSM won´t get near it afraid of that “racism” label. I don´t think it is entirely wrong to say that it was one of the reasons Breivik went wild. Don´t get me wrong, we have many, many wonderful immigrants living here and they are very welcome and an asset to this country, but then we have this other problem , the M-problem. I don´t want my open society transformed by a violent, hatefilled culture from the Middle Ages. Many countries here in Europe have the same problem.

  6. I can’t believe you were given credentials to be part of the White House press corps, or perhaps you never were and that is only what you want visitors to believe.

    Have you checked the regulations and laws governing testifying in front of Congress?

    It isn’t like testifying in a court of law. The precise reason why endless congressional hearings and investigations can negatively affect the outcome of criminal investigations.

    Reading an opening statement in front of Congress does not forfeit a person’s 5th Amendment rights.

    If she answered one question after the statement, she would have waived her rights, which is why she didn’t answer one single solitary question.

    I personally think she should be fired or resign, but that is another matter. For people who claim to be champions of the Constitution, it always amazes me how quickly you are all willing to dismiss the holy document when it suits you.

    Have fun.

    • I read on another blog that Issa did in fact ask her a question regarding her familiarity with a document. She answered by asserting she was not familiar with the document. Issa asked her to look at the document and she complied with his request.
      I did not watch the hearings so cannot verify this account. If this question and answer did occur, did she forfeit her 5th amendment rights?

  7. I have to wonder if she isn’t playing “crazy-like-a-fox.” Remember, she surreptitiously called her friend to plant the question that opened up this can of worms in the first place. It may be that she actually knew what she was doing in making an opening statement before invoking the 5th so that now, when her superiors come back to her and say, “What were you thinking?” she can say, “I didn’t know, but now I have to testify.” It may be that she’s looking for a deal in exchange for her testimony and this may have been the safest way for her to go about it without looking like she’s betraying the Admin. Perhaps she knew the solid waste was about to hit the fan, knew she would be implicated/thrown under the bus/expected to fall on her own sword, and she’s looking for the best possible outcome for herself.

    • Deana I agree.

      I also got the feeling that she knows that noise behind her is the approaching bus and is playing CYOA with the committee. Whether it is in an effort to receive immunity or just hoping to delay the process long enough that the MSM and congress loses interest, who knows.

      Shulman on the other hand actually appeared clueless. He acted exactly as I would expect IRS executives to act. Clueless, juvenile and arrogant in the extreme. Most of his answers were mocking in tone and empty of content.

      We are from the IRS and don’t really care what you think…

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