Saturday Movie Matinee: Oversight and Reform Panel Votes IRS’ Lerner Waived Fifth Amendment Right

I saw Trey Gowdy give a lengthy and impassioned speech on the House floor, Friday, explaining how and why Lois Lerner waived her 5th Amendment rights. Not having watched the entire hearing live, I was wondering  why he felt that was  necessary – this is a no-brainer, right?

As Krauthammer noted the day Lois Lerner appeared before Congress,  it was “clear” that she had given up her 5th Amendment rights.

Well, as Democrats circle the wagons around the corrupt and embattled Regime, they are struggling mightily to pretend they are victims of Issa’s Oversight tyranny (or something) and carrying on like pathetic crybabies – frustrated that their stalling tactics aren’t working..

House Oversight Democrats On the Attack Against Darrell Issa:

“No to McCarthy” ?!

Here what I thought was unnecessary because it was so obvious – Rep. Trey Gowdy spells out why another hearing is not necessary to determine whether or not Lerner waived her 5th Amendment rights –Trey Gowdy shreds Lois Lerner’s testimony: She made 9 statements & lost her 5th Amendment rights:

Legal Insurrection: House Panel Vote: IRS’ Lerner Waived Fifth Amendment Right:

The House Committee on Oversight and Government Reform approved a resolution Friday determining that IRS official Lois Lerner waived her Fifth Amendment protection against self-incrimination when she made opening statements in a May hearing before refusing to answer further questions.
She will likely invoke her Fifth Amendment privilege again, at which point a vote could be held to hold her in contempt of Congress.From Reuters:

A contempt of Congress vote could lead to her being prosecuted in a court and subject her to a maximum $1,000 fine and potential 12-month prison sentence. Lerner is now on administrative leave and has been replaced in her post.

SEE ALSO:

Townhall: Lerner, the Fifth and the Committee’s Strategy:

As this document from CRS points out, there are three different ways non-compliance with subpoenas can be enforced. First, there’s the argument that Congress itself has “inherent power” to detain and/or imprison someone in contempt.  Clearly, that’s not going to happen — and given that Lerner is a member of the executive branch, it would probably provoke a constitutional (separation of powers) crisis if it did.

Second, Congress can certify a contempt citation to the DOJ for criminal prosecution of the person in contempt.  Does anyone think that’s going anywhere in Eric Holder’s department?  Yup — didn’t think so.

Third, Congress may seek redress from a federal court, asking for a declaratory judgment that the person is legally obligated to testify.  There are two problems, however, with this approach.  First, it would take a long time (a fact that plays right into Democrat hands).  Second, it’s far from clear that the court would agree with congressional assertions that Lerner waived her Fifth Amendment rights.

***

Krauthammer on Special Report, Friday: ” Obama’s at Such Olympian Stature” that it’s beneath him to make calls to secure release of Snowden. “The mere radiance of Obama should be enough.”

Fox Nation:  Rush: Wait Until The GOP Finds Out Illegals Don’t Want Amnesty:

 CALLER: They’re afraid that the immigration that’s going to occur is going to cause them to lose their jobs, that they’re going to have to compete against cheaper labor.RUSH: You’ve got to be kidding me. This is getting –

CALLER: It’s unbelievable, Rush.

RUSH: This is the theater of the absurd. So we have illegals worried that more of them will cause wages to fall and maybe jobs to be lost?

CALLER: Correct. Now these guys are very, very concerned about this.

RUSH: You know, wait until the Republican Party hears about this. They’re doing all of this to be loved by the Hispanics. Wait until the Republican Party finds out that a lot of the illegals currently here don’t want any more! (laughing) You know, I’d like to be in the room with Steve Schmidt or some Republican walks in to Rubio and says, “Hey, you know what? We may have a problem here.”

RoskamIL06: RS Hiding Evidence from Congress Under False Claims of Confidentiality:

The new IRS Commissioner is a complete beta male (as someone said on Twitter) and a weasel.

CBN: Covert Agenda: US Didn’t Become Pro-Gay Overnight:

NRO Videos: McCarthy on VRA Ruling: Only ‘People Who Hate It Are Movement Progressives & Race Hucksters’:

BillWhittleChannel: GAY MARRIAGE (Virtual Press Conference):

Lee Doren: Student Arrested for Wearing NRA T shirt:

Big Government: CHARGES DISMISSED AGAINST 8TH-GRADER WHO WORE NRA T-SHIRT:

The dismissal comes 70 days after Marcum wore an NRA T-Shirt to his Logan County, WV school and was told to take the shirt off. Marcum refused to do so, citing his First Amendment right to celebrate his Second Amendment rights. He was consequently charged with obstruction of justice.

Speaking about the dismissal, Marcum’s attorney Ben White said, “I think, with the gun issue, with what’s going on, this is a victory for common sense.”

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2 thoughts on “Saturday Movie Matinee: Oversight and Reform Panel Votes IRS’ Lerner Waived Fifth Amendment Right

  1. In my opinion Gowdy’s argument is bullet proof, as it was on the first day that he made it, the day Lerner gave a opening statement and then asserted her 5th Amendment Rights after. Her Attorney was perched directly behind her and never once stopped her from what she did. The dims on the other hand are “trying” to argue that she “did in fact” assert her 5th Amendment Rights, should’ve been able to make her statement on then leave. As with any other testimony, if she is recalled for more testimony, she is considered still “Under Oath” from her previous appearance. The dims are trying to promote [falsely] that if she is required to re-appear, she will assert her 5th Amendment Rights on that occasion also. It’s a false argument, once you forfeit your 5th Amendment Rights, you are required to testify and “cannot” invoke your rights after you started providing testimony. That was what Gowdy was claiming the day it happened and he continues to argue that she “cannot” go back and reassert her 5th Amendment Rights once they had been waived.

    The dims are claiming that they can bring in Counsel that will claim that Lerner cannot be forced to testify because she asserted her 5th Amendment Rights, and besides if she didn’t that day, she will on her next appearance. The republicans claim that she waived those rights and can also bring in Counsel claiming their side of the argument. Issa seemed like he was confused on the day that it happened and I think the dims are trying to take advantage of it and are trying to delay, stall or prevent any of her testimony. Thereby causing a distraction from the real issue.

    The Congress can charge her with “contempt” but they have no means of enforcing it. Usually that would be referred to the Attorney General for enforcement. Not likely on this one. They may be able to go to the D.C. District Court and ask for enforcement but I don’t think they want a protracted court case tying this up. At some point in time they will sit down with Lerner and her Attorney and offer a limited liability for prosecution. Those negotiations will provide the republicans with how much and what type of information Lerner has and is willing to provide. If Lerner’s information is useful, they will extend the limited liability, if hot they will withdraw the offer.

    In the meantime Trey Gowdy’s real calling in political life, should be to “primary” Lindsey Lohan and get him out of office and into retirement on McLame’s ranch back in Arizona. Where they can comfort each other for the remainder of time.

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  2. Pingback: Sorta Blogless Sunday Pinup – Pre July 4th! » Pirate's Cove

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