Chairman Issa: Lerner waved 5th Amend Right!

[Pressing-On]

Originally Posted by MissBrattified

That I understand, and I considered that he was simply exercising caution when I heard the audio yesterday. I'm sure he wants to make sure no testimony can get thrown out on a technicality. However, it seems like such a simple issue....



Is the law applied differently at a congressional hearing than in a courtroom? I thought it was at least exercised very similarly.

Even if she had the right to plead the 5th, there are still rules that apply to how you can plead it. You can't pick and choose what you answer; you must plead the 5th for your whole testimony or you've waived your right.


"...The Supreme Court ruled that the privilege applies whether the witness is in a federal court or, under the incorporation doctrine of the Fourteenth Amendment, in a state court,[41] and whether the proceeding itself is criminal or civil.[42]" --Source

"...Keep in mind, however, that pleading the fifth applies to your entire testimony—this means that you cannot choose to answer some questions and refuse to answer others." --http://www.selfincrimination.org/pleadingthefifth.html


Forbes disagrees, and has this perspective:


"...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.

This is how major congressional hearings have been conducted in the past.

Witnesses who plead the Fifth many times might defer or avoid legal perils, but they’re likely to undermine their credibility."

I am understanding that she believes criminal charges may be brought against her and is pleading the 5th at the Congressional hearing in order not to perjure herself. We will see how that develops.