Skip to comments.Rep. Trey Gowdy: How does Lois Lerner Still Have the Right to Remain Silent?
Posted on 04/10/2014 9:10:33 AM PDT by Hotlanta Mike
Rep. Trey Gowdy (R-SC) challenged the notion that former IRS official Lois Lerner still had the right to remain silent since she had made factual assertions since she invoked her Fifth Amendment right.
Gowdy said that he counted 17 separate factual assertions by Lerner which in his opinion was enough to force her to be cross-examined.
Thats a lot of talking for someone who wants to remain silent. Thats a lot of talking! Gowdy thundered. If you honestly that you can make 17 separate factual assertions and still invoke your right to remain silent, then please tell me what waiver is?
Lerner, the former Director of the IRS Exempt Organizations at the center of the IRS scandal resigned in September 2013, after coming under fire for targeting additional IRS scrutiny of conservative and Tea Party groups.
Lerner cited her Fifth Amendment right to remain silent in a May 2013 House Oversight Committee hearing when she was first called to testify on the matter.
I have not done anything wrong, she said during the hearing. I have not broken any laws. I have not violated any IRS rules or regulations. And I have not provided false information to this or any other congressional committee.
Video at link
(Excerpt) Read more at breitbart.com ...
It is my understanding that each invocation of The Fifth is independent of every other. Which is not to say that Lerner isn’t a criminal and shouldn’t be prosecuted.
This sounds EXACTLY like someone who DOESN’T NEED TO HIDE BEHIND THE 5TH AMMENDMENT!!
I have not done anything wrong,. I have not broken any laws. I have not violated any IRS rules or regulations. And I have not provided false information to this or any other congressional committee.
I believe Tray Goudy DID make a comment right after she evoked the 5th. It’s been almost a year and counting.
Trey Gowdy, sorry about that.
LIKE A BOSS: Trey Gowdy schools Democrats on why Lois Lerner waived her 5th amendment rights
Funny how Cummings is sounding calm and reasonable now.
With the pending change in administration in 2017, Cummings will be heading to the federal pen.
If you haven’t done anything wrong, then you won’t mind if we search your trunk.
Each waiver is independent of another. Bit of a tricky rule in practice. General contentions, like “I didn’t do it,” don’t amount to a waiver.
I asked this question on another thread, but adding it to this one:
Question for FReeper Legal Eagles:
Given she testified before the DOJ, can the House Judiciary Committee suponea that testimony; or, is there a division between the House and DOJ (outside of Legislative/Executive) and the House doesnt have rights obtain such documentation (IIRC she wasnt under oath in the DOJ testimony)?
Thanks in advance!
At the end of the hearing, Issa asked Lerner to verify a document. I thought he was doing it to reinforce(i.e., additional evidence) that she was testifying and therefore, invalidating her 5th amendment assertion.
Anybody else catch that?
I may be wrong on this but if she was questioned by the DOJ about items that she would have been questioned about by Congress, she cannot claim a 5th Amendment waiver.
It is basically the same thing where an a client talks with a third party about something that he later confides to an attorney. There is no longer any attorney-client privilege since the subject talked with the third party.
I don’t believe Issa’s Committee was aware Lerner was talking with DOJ when they first attempted to question her. Had they known, the outcome may have been a little different.
I’d also like to see if by talking to Cummings staffers during the Committee’s investigation, did Lerner give up her 5th Amendment privilege? And, is there the potential for ethics violations or prosecution against Cummings for talking to Lerner and then not disclosing that fact to the Majority? I think Cummings better take a hard look at retirement before he is indicted.
“I believe Tray Goudy DID make a comment right after she evoked the 5th. Its been almost a year and counting”
He sure did, Issa missed it (not surprised) and Goudy was very vocal, seemingly directed at Issa that she waived the 5th by making her statement.
Put her behind the Gray Bars and then listen to her scream!
I noticed it right off the bat today. No matter all his snarkiness and personal attacks on Issa, he was more subdued than normal. I think he knows his side of the aisle is eventually going to end up on the short end of the gavel.
And NO....I definitely DO NOT AGREE that this scandal will end up crammed down the memory hole forever. It's already too big for the Dems to control and contain...(Dems including Obama and Eric Hitler).
It's the proverbial snowball rolling down the mountain....picking up more and more snow jobs and getting bigger with every roll.
They need to elect someody like Trey Gowdy as Speaker.
If pas experience tells us anything, there is nothing too big for them to handle, especially when the GOPe is in charge of the investigation.
Whitewater Rose Law Firm Cattle futures House Bank House Post Office BCCI scandal
Fort Marcy Park
Too many for me to remember.
Video of Gowdy going after Lerner:
Do you believe that you would plead the 5th on ANY and EVERY subject for which you might be broght to court?
The others obviously didn't.
Plus, if the passive public doesn't care and the state-controlled media blanks them out there isn't much a minority of conservative legislators can do in DC.....even with all the cajones in the world.
It'll be up to all of us to rectify this in November, God willing.
Thanks for your reply. That’s what I was thinking (though I’m not an attorney, don’t play one on TV, and didn’t sleep at a Holiday Inn last night). It just came to me yesterday morning.
I agree that Issa and the Pubbies on the committee didn’t know that Lois was speaking with the DOJ. I would think that at least Gowdy would have jumped on it if he knew. In fact, I remember Issa being on Greta (or perhaps Megyn) the night before or a few nights before Lerner’s appearance at the Committee. He stated that Lerner’s lawyer told him she would cooperate and testify. I could be wrong, but I’m thinking that she went to the DOJ just prior to her testifying, they gave her legal advice (maybe not extensive advice, but told her to take the 5th).
You have some good questions. There are a few threads on FR discussing that Cummings could spend up to 5 years in prison. Here’s one of them: http://freerepublic.com/focus/f-news/3142845/posts