Chairman Issa: Lerner waved 5th Amend Right!

[n david]

Bombshell!

House Oversight and Government Reform Committee Chairman Darrell Issa said embattled IRS official Lois Lerner waived her Fifth Amendment rights and will be hauled back to appear before his panel again.

The California Republican said Lerner’s Fifth Amendment right to avoid self-incrimination was voided when she gave an opening statement this morning denying any wrongdoing and professing pride in her government service

I missed the opening of the hearing, so I went back and watched her opening statement. I wondered how she could claim innocence and give a long statement, and then say she was going to invoke her 5th Amendment right.

I wasn't the only one.

Lerner’s decision to speak at all immediately triggered a dust-up among lawmakers who were confused about whether she gave up her Fifth Amendment protections when she made an opening statement.

Rep. Trey Gowdy (R-S.C.), a former federal prosecutor, said Lerner lost her rights the minute she started proclaiming her innocence, and that lawmakers therefore were entitled to question her. But Ranking Democrat Elijah Cummings of Maryland said hearing rules were not like those of a courtroom.

REP. TREY GOWDY (R-SC): Mr. Issa, Mr. Cummings just said we should run this like a courtroom, and I agree with him. She just testified. She just waived her Fifth Amendment right to privilege. You don't get to tell your side of the story and then not be subjected to cross examination. That's not the way it works. She waived her Fifth Amendment privilege by issuing an open statement. She ought to stand here and answer our questions.

LINK to Rep Gowdy quote

Of course, you have Elijah Cummings out their trying to carry Obama's water and cover for Lerner.

“The precedents are clear that this is not something you can turn on and turn off,” he told POLITICO. “She made testimony after she was sworn in, asserted her innocence in a number of areas, even answered questions asserting that a document was true … So she gave partial testimony and then tried to revoke that.”

He said he was not expecting that.

“I understand from her counsel that there was a plan to assert her Fifth Amendment rights,” he continued. “She went ahead and made a statement, so counsel let her effectively under the precedent, waive — so we now have someone who no longer has that ability.”

This is why Chairman Issa declared the hearing was in "recess," instead of adjourned at the end of the hearing.

She must testify. It's critical for her to do so. I wonder what the administration will do (IF anything) to protect her and keep her from testifying.

LINK