Lois Lerner might win the legal battle but she’s prolonging the political war.
Instead of simply taking the scorn of lawmakers for a day, repeatedly invoking the Fifth Amendment to avoid self-incrimination, and then moving on, she chose defiance.
Now, he plans to haul the director of the IRS’s tax-exempt department back to the committee for questioning.
“When I asked her her questions from the very beginning, I did so so she could assert her rights prior to any statement,” Issa told POLITICO. “She chose not to do so — so she waived.”
Lerner shocked the committee room in the opening moments of Wednesday’s hearing by delivering an opening statement denying any wrongdoing and professing pride in her government service.
“I have not done anything wrong,” said Lerner, who triggered the IRS scandal on May 10 by acknowledging that the agency had singled out conservative groups applying for tax exemptions. “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 committee.”
Beyond that, she refused to answer the committee’s questions, immediately triggering a debate among panel members over whether she had just voided her Fifth Amendment rights.
At the very least, Lerner’s speech prolonged the process. She’s almost certain to be back on Issa’s turf when Congress returns in June from the Memorial Day recess. If she refuses to talk then, the committee could ultimately pursue a contempt charge.
Issa said late Wednesday that he’s consulting the House parliamentarian and outside counsel to determine how to proceed.
Legal experts, however, say Issa’s argument that Lerner has waived her Fifth Amendment rights might not be as strong as he suggests.
“I don’t think a brief introductory preface to her formal invocation of the privilege is a waiver,” said Stan Brand, a Washington lawyer who was the general counsel for the House of Representatives from 1976 to 1983.
For one, this is Congress, not a courtroom, says James Duane, a professor at Regent University School of Law.
“[T]his woman was not the defendant,” he said, rejecting comparisons between the committee room and a court room. “This is not a trial.”
Instead of simply taking the scorn of lawmakers for a day, repeatedly invoking the Fifth Amendment to avoid self-incrimination, and then moving on, she chose defiance.
And her bravado has prompted House Oversight and Government Reform Committee Chairman Darrell Issa (R-Calif.) to say she has waived her constitutional right to not comment.
Now, he plans to haul the director of the IRS’s tax-exempt department back to the committee for questioning.
“When I asked her her questions from the very beginning, I did so so she could assert her rights prior to any statement,” Issa told POLITICO. “She chose not to do so — so she waived.”
Lerner shocked the committee room in the opening moments of Wednesday’s hearing by delivering an opening statement denying any wrongdoing and professing pride in her government service.
“I have not done anything wrong,” said Lerner, who triggered the IRS scandal on May 10 by acknowledging that the agency had singled out conservative groups applying for tax exemptions. “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 committee.”
Beyond that, she refused to answer the committee’s questions, immediately triggering a debate among panel members over whether she had just voided her Fifth Amendment rights.
At the very least, Lerner’s speech prolonged the process. She’s almost certain to be back on Issa’s turf when Congress returns in June from the Memorial Day recess. If she refuses to talk then, the committee could ultimately pursue a contempt charge.
Issa said late Wednesday that he’s consulting the House parliamentarian and outside counsel to determine how to proceed.
Legal experts, however, say Issa’s argument that Lerner has waived her Fifth Amendment rights might not be as strong as he suggests.
“I don’t think a brief introductory preface to her formal invocation of the privilege is a waiver,” said Stan Brand, a Washington lawyer who was the general counsel for the House of Representatives from 1976 to 1983.
For one, this is Congress, not a courtroom, says James Duane, a professor at Regent University School of Law.
“[T]his woman was not the defendant,” he said, rejecting comparisons between the committee room and a court room. “This is not a trial.”
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