Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Video: Lerner takes the Fifth or did she?
Hot Air ^ | 5-22-2013 | Ed Morrissey

Posted on 05/22/2013 10:21:23 AM PDT by smoothsailing

May 22, 2013

Video: Lerner takes the Fifth — or did she?

Ed Morrissey

Via Andrew Johnson at NRO, Lois Lerner’s decision to take the Fifth came as no surprise. What did come as a surprise was that Lerner actually started off by, er, testifying on her own behalf. Surprisingly, Lerner accepted Darrell Issa’s invitation to deliver an opening statement under oath, and then testified to the provenance of a transcript of her deposition to the Inspector General. Only at that point did Lerner plead the Fifth:

VIDEO

That poses a big question as to whether Lerner waived her Fifth Amendment rights to avoid self-incrimination. Rep. Trey Gowdy argued that the law does not allow a witness to testify on her behalf and then refuse to answer any other questions:

After Lerner’s statements, Representative Trey Gowdy (R., S.C.) argued she “waved her right to Fifth Amendment privilege” by making those statements and urged that she stay and answer questions: ”You don’t get to tell your side of the story and then not be subjected to cross-examination.” Lerner was ultimately allowed to invoke her Fifth Amendment rights and leave the hearing.

Issa did allow Lerner to leave the hearing after asking her twice whether she’d be willing to answer questions on narrower grounds, to which Lerner twice refused. However, Issa warned her she’d be subject to recall — and that the committee would be consulting counsel about her use of the Fifth Amendment. I’d guess that nothing much will come of it, except perhaps to purge her opening statement from the record, but shouldn’t an attorney like Lerner have seen that trap coming a mile away? It might explain how Lerner thought the question-plant strategy was a good idea, too.


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; News/Current Events
KEYWORDS:
Navigation: use the links below to view more comments.
first 1-2021-4041-6061-8081-84 next last
The Short Version-Lois Lerner's Blink and You'll Miss It Appearance at IRS Hearing with Richard Nixon
1 posted on 05/22/2013 10:21:23 AM PDT by smoothsailing
[ Post Reply | Private Reply | View Replies]

To: smoothsailing

She is one mean looking broad. She would have fit right in with Stalin’s regime.


2 posted on 05/22/2013 10:22:19 AM PDT by miserare
[ Post Reply | Private Reply | To 1 | View Replies]

To: smoothsailing

She testified that she didn’t do anything wrong, and then said she wasn’t going to testify.


3 posted on 05/22/2013 10:25:13 AM PDT by blueunicorn6 ("A crack shot and a good dancer")
[ Post Reply | Private Reply | To 1 | View Replies]

To: miserare

She comes from the same cloth as Jarrett, Rice, Ingram, Nuland, Sebelius, Hillary and Napolitano. All shameless Nazi b!tches.


4 posted on 05/22/2013 10:26:54 AM PDT by GeorgeWashingtonsGhost
[ Post Reply | Private Reply | To 2 | View Replies]

To: smoothsailing

It’s my understanding that once you testify at all, you lose your ability to claim the fifth.

Wasn’t her opening statement an act of testifying?

To claim the fifth, she should have taken a pass on the statement she made, and simply said she couldn’t testify because it might be self-incriminating.


5 posted on 05/22/2013 10:27:34 AM PDT by DoughtyOne (Funny thing happened on the way to the Constitution burning, Lefties rights were violated...)
[ Post Reply | Private Reply | To 1 | View Replies]

To: smoothsailing

I was watching that play out and saying to my self OMG Issa that was brilliant! He can now compel her to testify. She is an attorney she knew or should have known. They could hold her in contempt.


6 posted on 05/22/2013 10:27:48 AM PDT by Walkingfeather
[ Post Reply | Private Reply | To 1 | View Replies]

To: Walkingfeather

Issa had better. Because if he doesn’t it will be crystal clear that his committee is a dog & pony show & nothing more.


7 posted on 05/22/2013 10:31:03 AM PDT by skeeter
[ Post Reply | Private Reply | To 6 | View Replies]

To: smoothsailing

To my mind and I’d dare say an honest prosecutor, judge and jury’s mind, an opening a statement that “I did nothing wrong, illegal or otherwise” is Testimony. Further invocations of protecting oneself from self-incrimination are of lesser standing.

Whether she answered questions or not, she was “on the stand” and her statements should be used against her at trial.


8 posted on 05/22/2013 10:31:32 AM PDT by Gaffer
[ Post Reply | Private Reply | To 1 | View Replies]

To: Walkingfeather

I could be wrong, but I believe that’s where your praise on Issa falls apart. He won’t compel her to testify. He should have been ready on the spot to call her on it. He muffed it IMO.


9 posted on 05/22/2013 10:32:52 AM PDT by DoughtyOne (Funny thing happened on the way to the Constitution burning, Lefties rights were violated...)
[ Post Reply | Private Reply | To 6 | View Replies]

To: smoothsailing

She did exactly as she was instructed.

And so did Issa.

Everyone did their job.

Well, maybe not Gowdy.

But that will be noted and dealt with when the opportunity presents itself.


10 posted on 05/22/2013 10:32:55 AM PDT by servo1969
[ Post Reply | Private Reply | To 1 | View Replies]

To: smoothsailing

Really?

Don`t get it yet?

” The law ( constitution ) is irrelevant ! “

They`re saying out loud what they`ve been practicing since FDR, the law/constitution is whatever they say it is. They will adhere to the law/constitution only when it serves their ideology.


11 posted on 05/22/2013 10:33:12 AM PDT by Para-Ord.45
[ Post Reply | Private Reply | To 1 | View Replies]

To: blueunicorn6

Exactly, she set her own perjury trap. It may well be this out of control arrogance that brings them all down. It’s a trait run rampant in the Obama gang and I hope and pray that it leads to their undoing.


12 posted on 05/22/2013 10:33:14 AM PDT by smoothsailing
[ Post Reply | Private Reply | To 3 | View Replies]

To: Gaffer

Oh! Oh! Oh! and BTW, presented with the same situation in the Watergate hearings, young Ms Hillary (a staffer on the prosecution side) vehemently urged the defendants (accused) be stripped of their constitutional rights, including that of which Lerner availed herself.


13 posted on 05/22/2013 10:33:27 AM PDT by Gaffer
[ Post Reply | Private Reply | To 8 | View Replies]

To: skeeter

We knew she was going to plead the 5th in advance. Didn’t Issa?

He should have been ready for her. Instead he accepts her plea and that’s it.

He should have smacked her down right then and there.

Once she provided her statement, she invalidated her claim to the the fifth protections.


14 posted on 05/22/2013 10:34:40 AM PDT by DoughtyOne (Funny thing happened on the way to the Constitution burning, Lefties rights were violated...)
[ Post Reply | Private Reply | To 7 | View Replies]

To: smoothsailing
I'm certainly no lawyer but if she was under oath at the time she stated "I have done nothing wrong...I have violated no laws" then those statements constitute sworn testimony and if she's ever convicted of having broken the law it seems that she can also be charged with perjury.Of course she refused to answer questions like "were you ever in contact with your superiors regarding irregular activities at the IRS?" and the American people can draw whatever conclusions they wish regarding her refusal.I,personally,would never fear *any* question put to me under oath if I knew (or even firmly believed) that I had done nothing wrong.OTOH,I'd definitely take the 5th if I was ever asked,under oath,if I had ever stolen a pack of gum from Woolworth's because I did...when I was 12.

Taking the 5th is something that people with something to hide...or something to fear....do.Innocent people don't do it...regardless of how vigorously they're advised to do so by lawyers or others.

Give her immunity...and then force her to sing.

15 posted on 05/22/2013 10:36:17 AM PDT by Gay State Conservative (Leno Was Right,They *Are* Undocumented Democrats!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: smoothsailing

they are cheering in the WH just as they did on the streets throughout the Mideast after 9/11.


16 posted on 05/22/2013 10:37:48 AM PDT by elpadre (AfganistaMr Obama said the goal was to "disrupt, dismantle and defeat al-hereQaeda" and its allies.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: DoughtyOne
Once she provided her statement, she invalidated her claim to the the fifth protections.

What she did was absolutely slimey and was clearly done under orders from the very top...but my guess is that she broke no law during that appearance.Of course I could be entirely wrong about the lawbreaking part.

17 posted on 05/22/2013 10:39:07 AM PDT by Gay State Conservative (Leno Was Right,They *Are* Undocumented Democrats!)
[ Post Reply | Private Reply | To 14 | View Replies]

To: DoughtyOne

That’s the way I see it. Everything she said before she invoked the 5th is testimony that can be used against her. I’m no attorney but I don’t see how she can invoke the 5th retroactively. If that were the case wouldn’t any testimony under oath be meaningless?


18 posted on 05/22/2013 10:39:19 AM PDT by smoothsailing
[ Post Reply | Private Reply | To 5 | View Replies]

To: Walkingfeather

I saw it the same way, I think Issa has a time bomb that he can set off now any time he wants.


19 posted on 05/22/2013 10:40:56 AM PDT by smoothsailing
[ Post Reply | Private Reply | To 6 | View Replies]

To: Gay State Conservative

I wouldn’t claim she broke the law by what she did.

I do think she breached a technicality that invalidates her ability to claim the 5th.

You can’t just testify about the parts you want to. If you testify at all, you open yourself up to being required to testify about everything.


20 posted on 05/22/2013 10:41:00 AM PDT by DoughtyOne (Funny thing happened on the way to the Constitution burning, Lefties rights were violated...)
[ Post Reply | Private Reply | To 17 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-6061-8081-84 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson