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Issa's panel vote clears path for Lerner's return (Dershowitz statments on Lerner at odds w/ Dems?
Politico ^ | 6/28/2013 | Rachael Bade

Posted on 06/28/2013 11:21:03 AM PDT by Laissez-faire capitalist

The House Oversight and Government Reform Committee voted 22-17 on Friday that embattled IRS official Lois Lerner waived her Fifth Amendment rights during a hearing last month on the agency's tea party targeting scandal. The party-line vote paves the way for the committee to bring Lerner back to Congress and force her to answer questions from lawmakers...

(Excerpt) Read more at politico.com ...


TOPICS: Crime/Corruption; Front Page News; News/Current Events; Politics/Elections
KEYWORDS: 113th; 5thamendment; alandershowitz; congress; dershowitz; irs; irsscandal; issa; lerner; loislerner; scandal; scandals; teaparty
From Newsmax, via the Pajamas Media Tattler ("Lois Lerner could be Held in Contempt of Congress")

Alan Dershowitz: "You can't simply make statements about a subject and then plead the Fifth in response to questions about the very same subject. Once you open the door to an area of inquiry you have wiaved your Fifth amendment right...You've waived your self-incrimination right on that subject matter."

1 posted on 06/28/2013 11:21:03 AM PDT by Laissez-faire capitalist
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To: Laissez-faire capitalist; All

That hard-core Tea Partier and ultra-right-winger Alan Dershowitz... How dare he... (sarcasm).

Perhaps Democrats to reconsider their caustic statements about Republicans and Issa since the panel vote?


2 posted on 06/28/2013 11:24:30 AM PDT by Laissez-faire capitalist
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To: Laissez-faire capitalist

“Thank you for coming here today, Ms. Lerner. Last time you were here you made some statements that we’d just like to follow up on with a few questions to make sure we fully understand the issues you raised...”


3 posted on 06/28/2013 11:31:38 AM PDT by Atlas Sneezed (Universal Background Check -> Registration -> Confiscation -> Oppression -> Extermination)
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To: Laissez-faire capitalist
Alan Dershowitz: "You can't simply make statements about a subject and then plead the Fifth in response to questions about the very same subject.

You also cannot, after claiming the 5th and making a statement, answer a question from the chair and then just clam up.

4 posted on 06/28/2013 11:40:29 AM PDT by Roccus
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To: Laissez-faire capitalist

Prep the House prison cell for one Ms. Lerner...


5 posted on 06/28/2013 11:41:44 AM PDT by Hotlanta Mike ("Governing a great nation is like cooking a small fish - too much handling will spoil it." Lao Tzu)
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To: Laissez-faire capitalist

You can’t take the SOCIALIST DEMOCRATS voting in this matter any other way than they CONDONE THE FOREIGNERS REGIME using the IRS as a political weapon against WHITE AMERICA. Come 2014 we must THROW THESE COMMUNIST BUMS OUT ON THEIR KEESTERS


6 posted on 06/28/2013 11:42:21 AM PDT by spawn44 (moo)
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To: Atlas Sneezed

Everyone should give Trey Gowdy their time and let him work her like the experienced former prosecutor that he is...


7 posted on 06/28/2013 11:42:45 AM PDT by Hotlanta Mike ("Governing a great nation is like cooking a small fish - too much handling will spoil it." Lao Tzu)
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To: Atlas Sneezed

First question to a returning Lerner is:

Ms. Lerner, how do you spell PERJURY?

Second question, How do you spell JAIL?

You may consult your Webster’s Dictionary to help you with your answer.

Bailiff!


8 posted on 06/28/2013 11:44:44 AM PDT by MadMax, the Grinning Reaper
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To: Laissez-faire capitalist
Alan Dershowitz: "You can't simply make statements about a subject and then plead the Fifth in response to questions about the very same subject. Once you open the door to an area of inquiry you have wiaved your Fifth amendment right...You've waived your self-incrimination right on that subject matter."

Derschowitz has a history of liberal ideologies as a whole, but he does possess streaks of common sense as well.

9 posted on 06/28/2013 11:55:10 AM PDT by ScottinVA ( Liberal is to patriotism as Kermit Gosnell is to neonatal care.)
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To: Laissez-faire capitalist

Wait a minute, am I missing something here? I thought this IRS scandal was resolved and it was time to move on? At least that’s what Eliza SCUMmings said.


10 posted on 06/28/2013 11:55:50 AM PDT by Kevin in California
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To: Hotlanta Mike
Everyone should give Trey Gowdy their time and let him work her like the experienced former prosecutor that he is...

That'd be worth PPV to see that exchange... "Welcome, Ms. Lerner to two hours... yes, two STRAIGHT hours with Rep. Trey Gowdy. You do remember Mr. Gowdy, don't you?"

11 posted on 06/28/2013 11:58:32 AM PDT by ScottinVA ( Liberal is to patriotism as Kermit Gosnell is to neonatal care.)
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To: Laissez-faire capitalist

What I’m gleaning from Issa is he’s creating an intolerable (for dems) drip-drip-drip scenario. He’s being verrrrrrryyy deliberate. I like how it makes the darkside sweat.


12 posted on 06/28/2013 11:59:56 AM PDT by ScottinVA ( Liberal is to patriotism as Kermit Gosnell is to neonatal care.)
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To: Roccus
You also cannot, after claiming the 5th and making a statement, answer a question from the chair and then just clam up.

For the sake of arguement, why not? Is the 5th Amendment conditional, or absolute? You either have a right to not self-incriminate, or you don't. Afterall, answering some questions can't lead to self-incrimination, while others might.

13 posted on 06/28/2013 12:06:28 PM PDT by Go Gordon (Barack McGreevey Obama)
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To: Laissez-faire capitalist

So what happens? She still refuses to talk...Congress votes to hold her in contempt of Congress. Nothing happens, any more than after Holder was held in contempt. The public doesn’t learn anything more about the goings-on at the IRS.


14 posted on 06/28/2013 12:19:36 PM PDT by Verginius Rufus
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To: Go Gordon

That’s what I thought as well. A witness, or a defendant, can be called up to the stand, answer some questions, and to others invoke his right not to self-incriminate. Bravo to you.


15 posted on 06/28/2013 12:49:37 PM PDT by kenavi (Grant Snowden asylum to testify before Congress.)
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To: Go Gordon
Lerner's problem isn't that she answered some questions and not others; it's that she made statements of fact about her innocence and lack of knowledge, and then asserted the 5th.

There are at least two things wrong with this:

A witness can't make factual statements on matters as to which the witness has asserted the 5th, or that witness has waived his/her right to the 5th; and

If she's innocent and knows nothing about what went on, why assert the 5th at all? If she knows nothing and did nothing wrong, as she claimed in her statement, her testimony can't expose her to any criminal proceedings.

16 posted on 06/28/2013 9:47:06 PM PDT by hsalaw
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To: Hotlanta Mike

We should be sure to let Trey Gowdy know that we’re behind him and thank him for his patriotic, no BS approach to doing what he does. This man fights for US.


17 posted on 06/28/2013 10:20:51 PM PDT by itssme
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To: Laissez-faire capitalist

IIRC, when called before Congress, you are allowed to state your name and your address [for identification purposes].

Then, if you want to take the 5th, you must do it then.

After that, you answer yes or no only to questions asking if you intend to take the 5th or not.

Other than that, you clam up.


18 posted on 06/28/2013 11:29:08 PM PDT by Lmo56 (If ya wanna run with the big dawgs - ya gotta learn to piss in the tall grass ...)
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To: Laissez-faire capitalist

It’s sickening to watch the democrats crawl for their crooked employees. There is NOTHING where they’d find each other guilty.


19 posted on 06/29/2013 6:35:19 AM PDT by VerySadAmerican
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To: kenavi

If a defendant is asked “Do you intend to invoke the 5th amendment?” and he answers “Yes”, he’s waived his priviledge. Remember Mark Fuhrman? F. Lee Bailey asked him “Do you intend to claim your fifth amendment priviledge to every question asked? Mark said “On the advice of council.....”


20 posted on 06/29/2013 6:39:27 AM PDT by VerySadAmerican
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To: VerySadAmerican
If a defendant is asked “Do you intend to invoke the 5th amendment?” and he answers “Yes”, he’s waived his priviledge

???

"A witness must plead the Fifth one question at a time.

Members of a congressional committee may ask a witness as many questions as they wish, and a witness may answer some, all or none – but the witness must respond to the questions individually." (Forbes 5/23/2013, OpEd)
21 posted on 06/29/2013 7:49:17 AM PDT by kenavi (Grant Snowden asylum to testify before Congress.)
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To: Laissez-faire capitalist
The original Fifth Amendment protection was specified as protection from being compelled to be a witness against oneself in "a criminal case." How it got to be expanded to covering Congressional committee hearings IDK, but probably there has been a welter of case law around this, as the issue appears to remain unsettled.
22 posted on 06/29/2013 8:55:54 AM PDT by hinckley buzzard
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To: Laissez-faire capitalist

The Dems are probably already shopping for a federal judge who will say she did not waive her 5A rights. It’s the way of the Dem (and not available for Repubs/conservatives).


23 posted on 06/30/2013 3:17:32 PM PDT by jeffc (The U.S. media are our enemy)
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To: ScottinVA

Dershowitz is a very honest, principled, ethical man regardless of his political leanings. He is also gutsy and defies the Left if he needs to.


24 posted on 09/12/2013 3:40:45 PM PDT by Recovering Ex-hippie
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