Trey Gowdy: How can Lois Lerner refuse to answer questions when she’s already made 17 assertions of fact?

posted at 4:01 pm on April 10, 2014 by Allahpundit

Via Charlie Spiering, a video accompaniment to the House Oversight Committee’s decision this morning to hold Lerner in contempt for refusing to testify before it. Wait, you say — doesn’t she have a Fifth Amendment privilege against self-incrimination that gives her the right not to answer questions from Congress? She sure does, unless she waives that right by effectively testifying on her own behalf. A defendant in a criminal trial can refuse to testify entirely or he can testify on his own behalf and then face cross-examination from the prosecution, but he can’t offer the jury his own story and then decline to answer questions from the other side. That’s exactly what Lerner did last year in her opening statement to the committee, says Gowdy. She made multiple assertions of fact — she’s innocent, has committed no crime, etc — and then, when Issa and company tried to cross-examine her, she clammed up. That’s the basis of the contempt charge. You can’t selectively invoke your privilege against self-incrimination.

Or can you? Specifically, can you selectively invoke it in a civil proceeding like a congressional hearing even if you can’t do so in criminal court? Answer: It’s … hard to say. There isn’t much jurisprudence on the privilege in congressional settings. Ask six different lawyers and you might get six different opinions. Last year Alan Dershowitz said it was an open-and-shut case: Yes, Lerner had indeed constructively waived her privilege in an opening statement. Not so, said law prof James Duane: Witnesses have long been permitted to make “selective invocations” in civil proceedings (which are primarily about fact-finding rather than judgments of guilt), especially when they’ve been forced to appear against their will. Orin Kerr of the Volokh Conspiracy looked at the case law and found no clear answer; when he put the question to a law-prof listserv, most thought Lerner hadn’t waived her privilege although “opinions were somewhat mixed.”

Ken White of Popehat sifted through precedent on this issue last month and came to this conclusion:

In short, it is not perfectly clear that Lois Lerner waived her Fifth Amendment rights by making an exculpatory and self-serving opening statement. The factors in favor of waiver are (1) that she made the statement purely voluntarily and gratuitously, and (2) that it was on the same subject matter of the questioning she would be facing. The factors against waiver are (1) that she was compelled to appear and (2) the statement did not admit any incriminating facts. At a minimum, in my view it was reckless for her to make an opening statement if her genuine aim was to protect her Fifth Amendment rights, given the uncertainty of the law.

Gonna take a few federal courts to hash this out, which, of course, is why Issa’s committee voted as it did this morning. The contempt charge will presumably be challenged by Lerner and then away we go up the chain towards the D.C. Circuit (and the Supreme Court?). Or maybe she’ll surprise us, agree to testify, and offer a handy explanation for why she was thinking of applying for a job at OFA at the same time she was demanding audits of major Republican Super PACs. Can’t wait.


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Trey Gowdy is awesome.

I saw him on an old episode of forensic files the other night.

The Notorious G.O.P on April 10, 2014 at 4:02 PM

I love hearing this guy talk.

ImmigrantsWife on April 10, 2014 at 4:04 PM

Arrest her!

joekenha on April 10, 2014 at 4:05 PM

Obviously, she just doesn’t want to answer RETHUGLICAN questions….

dentarthurdent on April 10, 2014 at 4:06 PM

I say – good candidate for waterboarding.

dentarthurdent on April 10, 2014 at 4:07 PM

Arrest her on April 15th.

chris0christies0donut on April 10, 2014 at 4:08 PM

Excluding the unctuous reasoning of the GOPe’s on here and the inside the Beltway Finer Points of Politics …

… Gowdy is one of my favorites to replace “Weepy” Boehner and “I’ll pimp your vote” Cantor in a Leadership position.

It is past time to put some people forward in the House to support Cruz and Lee in the Senate.

PolAgnostic on April 10, 2014 at 4:10 PM

Can’t wait for the perp walk…

bimmcorp on April 10, 2014 at 4:11 PM

Why has it taken almost a year for them to charge her with contempt? Assuming she challenges, it’ll take another year or two to work it’s way through the courts.

supernova on April 10, 2014 at 4:11 PM

by the time this gets through the courts it will be too late, the left knows how to slow roll these scandals into the ground

commodore on April 10, 2014 at 4:11 PM

The contempt charge will presumably be challenged by Lerner and then away we go up the chain towards the D.C. Circuit (and the Supreme Court?).

Can Holder delay this process some more? He’s done admirably so far. Just another two and a half years.

butch on April 10, 2014 at 4:12 PM

Arrest her on April 15th.

chris0christies0donut on April 10, 2014 at 4:08 PM

*smiles* I saw what you did there.

Turtle317 on April 10, 2014 at 4:14 PM

Just chain the doors to the IRS.

faraway on April 10, 2014 at 4:15 PM

Can Holder delay this process some more? He’s done admirably so far. Just another two and a half years.

butch on April 10, 2014 at 4:12 PM

Issa and House Leadership sure are giving Holder the assist.

No more letters & meaningless paperwork.

Do something about it.

tetriskid on April 10, 2014 at 4:16 PM

“… (2) the statement did not admit any incriminating facts.”

I distinctly remember her statement…

“I did nothing wrong!”

… Maybe in her heart, ideology, and mind, but using the full power of the IRS to selectively stifle the free speech and the right to petition the Government for a redress of grievances of fellow Citizens of the United States has to be at least an infraction.

Or that’s just how they do things in Chicago…

Seven Percent Solution on April 10, 2014 at 4:16 PM

I’d like to think the GOP has some clever strategy in the works, having waited nearly a year to act on Gowdy’s outrage the day she first testified. I’d like to, but I know otherwise.

Draft Gowdy 2016. The guy is smart and has a pair.

fogw on April 10, 2014 at 4:16 PM

We don’t know the answer to that, Mr. Gowdy, but HEY LOOK OVER HERE AT THE SQUIRREL!

Good Lt on April 10, 2014 at 4:16 PM

Why has it taken almost a year for them to charge her with contempt? Assuming she challenges, it’ll take another year or two to work it’s way through the courts.

supernova on April 10, 2014 at 4:11 PM

Yep, after Obama is out of Office and gone. No politician currently in office wants a repeat of Watergate no matter what they say. Plus nobody wants to go near having to impeach the first African-American President. That is Radioactive.

Johnnyreb on April 10, 2014 at 4:16 PM

Trey Gowdy…yes, he’s that good.

ToddPA on April 10, 2014 at 4:17 PM

Remember when liberals wanted Congress to arrest members of Gee Dubya’s administration for failing to respond to Congressional Subpoenas?

Good times…

Roy Rogers on April 10, 2014 at 4:12 PM

Oh yes. Let’s make sure we punish a president who has the legal power to hire/fire prosecuters/lawyers who report directly to him, but allow a president to turn the I.R.S. into his personal vendetta machine against the opposition party.

Yep, makes perfect sense.

F

Turtle317 on April 10, 2014 at 4:18 PM

I’m no lawyer, but I can read what the 5th Amendment states. It protects against self-incrimination in a CRIMINAL case. Nowhere does it provide protection against self-incrimination while testifying during a Congressional Hearing. The Congressional Hearing was not a CRIMINAL case, so she had no basis to claim her 5th Amendment rights. There is a federal law that requires one to testify before Congress, or be held in contempt. Lerner refused to testify, therefore was in Contempt of Congress, which is a criminal offense.

GAlpha10 on April 10, 2014 at 4:18 PM

This will go nowhere, just like Benghazi went nowhere, just like F&F went nowhere, just like…….

Go Trey Gowdy, I guess…but it really is an exercise in futility.

If somehow the GOP ever gets back the presidency, and has a congressional majority at the same time, I sincerely hope one of the reforms put forward is a measure to strengthen the system of checks and balances in situations like this.

More futile thinking though, I fear.

nullrouted on April 10, 2014 at 4:18 PM

“Inherent Contempt”…arrest her and throw her in solitary…

PatriotRider on April 10, 2014 at 4:19 PM

Trey Gowdy is awesome.

I saw him on an old episode of forensic files the other night.

The Notorious G.O.P on April 10, 2014 at 4:02 PM

It’s too bad that we’ll probably never get an opportunity to have a guy like this get elected President. The people of this country just aren’t smart enough.

cajunpatriot on April 10, 2014 at 4:20 PM

Ken White’s legal analysis is spot on. The law is unclear and the cases that do exist are all over the place. I personally think she did waive her rights by making her self-serving statements and can now be charged with contempt for refusing to testify but who knows what (and when) a court will rule on it. I am genuinely shocked that her counsel let her make the statements in the first place.

Captain Kirock on April 10, 2014 at 4:20 PM

Gonna take a few federal courts to hash this out, which, of course, is why Issa’s committee voted as it did this morning. The contempt charge will presumably be challenged by Lerner and then away we go up the chain towards the D.C. Circuit (and the Supreme Court?).

Doubtful. The objection of Obama and the Dems is to stonewall as long as possible. That’s why Holder will do nothing. That’s why we’ll never see a special prosecutor appointed. And it’s why Lerner will never willingly testify and incriminate herself or anyone else.

The only option left for the House is pretty obvious. Arrest Lerner. Put her in a cell until next January(when she can just be arrested again by the new GOP-controlled House). And wait for her to sing which she’ll eventually do.

What options would she or her Democrat protectors have at that point? Sure, they can scream from the rooftops about injustice or abuse of power, but that’s gonna ring hollow considering what Lerner is accused of. And any attempt to make the midterms about the IRS scandal would be a huge mistake as for every Democrat voter it drives to the poll, 3 times that many Republicans and conservatives will show up.

If she’s arrested, one of two things will happen. Lerner agrees to testify in exchange for immunity. Or Obama pardons her and essentially admits complicity in all of this.

Doughboy on April 10, 2014 at 4:25 PM

Lerner’s invoking the 5th, regardless of whether she opened her yap or not, doesn’t pass the smell test. As one of our employees, she has no right to withhold information asked of her from our elected representatives. That she invoked the 5th at all means she knows something criminal occurred.

I have no problem with Lerner keeping from incriminating herself while she sits in jail. At some point, either charges are going to be filed against her after enough evidence warrants it (she may have to sit in jail for a couple of years before a real AG will get these charges filed) or she’ll talk.

Steve Tsouloufis on April 10, 2014 at 4:26 PM

objective, not objection

MUST PROOFREAD!

Doughboy on April 10, 2014 at 4:26 PM

Trey Gowdy: How can Lois Lerner refuse to answer questions when she’s already made 17 assertions of fact?

So what? The New Tammany Hall/Boss Tweed gang has been making up the rules as they go along anyway, and Gowdy damn well knows this-political theater.

Besides, this intricate weaving of the meaning of laws, or flagrant disregard of them, or enacting virtual legislation through fiat didn’t begin with the Emperor Jones. Others (of both parties) have paved the way for this to happen.

Dr. ZhivBlago on April 10, 2014 at 4:27 PM

Can Holder delay this process some more? He’s done admirably so far. Just another two and a half years.

butch on April 10, 2014 at 4:12 PM

For most federal crimes, the statute of limitations is 5 years, excepting murder. Gonna need a pardon to go along with taking the Fifth, even though there’s not even a smidgeon of corruption.

rbj on April 10, 2014 at 4:27 PM

It’s too bad that we’ll probably never get an opportunity to have a guy like this get elected President. The people of this country just aren’t smart enough.

cajunpatriot on April 10, 2014 at 4:20 PM

You know how it is. People with regional accents are just too stupid to be president.

Grammar Nazi on April 10, 2014 at 4:27 PM

Nixon(R) was impeached for “obstruction of justice””abuse of power””contempt of Congress”… by a viciously partisan Democrat Congress.

Obama”s “abuse of power” Scandals include #IRS #NSA #FBI #DOJ #EPA #DOE #HHS #Benghazi #FastAndFurious #SEC with numerous deaths, top officials already cited for “contempt of Congress” and clearly guilty of “obstruction of justice”… you do the math.

DANEgerus on April 10, 2014 at 4:28 PM

Why is the IRS still being funded by the House…?

Seven Percent Solution on April 10, 2014 at 4:28 PM

Waterboard her!

Sven on April 10, 2014 at 4:29 PM

Why is the IRS still being funded by the House…?

Seven Percent Solution on April 10, 2014 at 4:28 PM

Because just like with Benghazi this is just for show.

tetriskid on April 10, 2014 at 4:30 PM

Can Holder delay this process some more? He’s done admirably so far. Just another two and a half years.

butch on April 10, 2014 at 4:12 PM

You would think not, but since he’s already in contempt himself by Ways and Means for failing to turn over F and F documents, good luck with that.

Long time admirer of Trey Gowdy. Hope he becomes Attorney General someday.

RMCS_USN on April 10, 2014 at 4:32 PM

Arrest her on April 15th.

chris0christies0donut on April 10, 2014 at 4:08 PM

Hah! Thread winner!

Key West Reader on April 10, 2014 at 4:33 PM

I’m not a lawyer, but I think you’re missing a key element. It’s how this came about. We first heard of this through a press conference with Lois. A question was planted by her to address this scandal. The administration’s goal was to get out in front of the AG’s report. So, she was the first person to discuss the targeting. Did she make this statement against her will? If so, she should be required to answer. In addition, a lie was created that has been debunked. What about the workers in Cincy? Following the rules, thrown under the bus.

djaymick on April 10, 2014 at 4:33 PM

She has been found in Contempt. At this point, what difference does it make? She joins Eric Holder-you don’t want to go there buddy. Yet he is still the AG.

Johnny Boehner alone can open a select committee for Fast & Furious, Benghazi, & the IRS scandal. Yet he has failed to do so.

He is helping Obama get away with the deaths of 6 Americans. Jaime Zapata. Brian Terry. Chris Stevens. Sean Smith. Glen Doherty. Tyrone Woods.

As far as I’m concerned, the Republicans & the Democrats are purposefully covering up for Obama & his Administration. The all can go to hell.

Conservative4Ever on April 10, 2014 at 4:34 PM

Assertions of fact are racist.

NotCoach on April 10, 2014 at 4:35 PM

Once again,

Congress has the power of the purse.

Cut the IRS budget by $1 Billion.

Cut Treasury by $2 Billion for failure to supervise.

Freeze all IRS salaries for 5 years.

Get their attention!!!

patch on April 10, 2014 at 4:35 PM

Because just like with Benghazi this is just for show.

tetriskid on April 10, 2014 at 4:30 PM

I’m willing to cut them a little slack with the funding of the IRS. First of all, I seriously doubt there’s anything close to a consensus within the GOP about what to do with the IRS. Some Republicans like Ted Cruz have openly stated their desire to defund the entire department. But most have remained silent on the matter.

Secondly, it’s a logistical nightmare. Right now we’ve got a federal government taking in nearly 3 trillion bucks a year in tax revenue. They need some sort of bureaucracy that can handle that responsibility(not to mention also oversee Obamacare). How can you defund the IRS unless you have some sort of organization or system waiting in the wings to replace them? Which we know will never come to fruition as long as Harry Reid runs the Senate and Obama sits in the Oval Office.

This is something the GOP has to unfortunately wait til 2017 to attempt. What I’m curious to see is how many GOP Presidential candidates in the 2016 primary make it part of their platform to end the IRS.

Doughboy on April 10, 2014 at 4:36 PM

Nixon(R) was impeached for “obstruction of justice””abuse of power””contempt of Congress”… by a viciously partisan Democrat Congress.

DANEgerus on April 10, 2014 at 4:28 PM

Nixon was not impeached. He resigned before that happened.

Conservative4Ever on April 10, 2014 at 4:36 PM

When will the cuffs go on Cummings – he is actually the scumbag who started it all…..
If Lerner were smart, she would throw Cummings under the bus.
But Obama and Holder would probably put a hit on her if she did that….
Heh, heh – that would be so sad….

Dem. Elijah Cummings defends shocking emails showing he coordinated with IRS effort to target True the Vote

http://www.bizpacreview.com/2014/04/10/dem-elijah-cummings-defends-shocking-emails-showing-he-coordinated-with-irs-effort-to-target-true-the-vote-111723

redguy on April 10, 2014 at 4:38 PM

Doughboy on April 10, 2014 at 4:36 PM

Yes, the IRS can commit as many crimes as they want because Harry Reid is in control of the Senate. That makes a lot of sense.

I guess the Republicans should just continue to just throw their hands up and cover up for Obama.

tetriskid on April 10, 2014 at 4:40 PM

What I’m curious to see is how many GOP Presidential candidates in the 2016 primary make it part of their platform to end the IRS.

Doughboy on April 10, 2014 at 4:36 PM

20 Ridiculous Ways the Government Wasted Your Money in 2013

http://www.policymic.com/articles/76985/20-ridiculous-ways-the-government-wasted-your-money-in-2013

1. IRS workers get pay and benefits while owing $3.5 billion in back taxes

2. Millionaires get subsidies to buy beachfront property, government loses $500 million

3. $432 million for warplanes that won’t be used

4. $379 million for Healthcare.gov

5. $321 million for redundant government IT systems

6. A $300 million blimp.

7. Facebook gets $295 million tax refund

8. Sugar daddy federal government loses $171.5 million in loans to sugar companies

9. Militarization of your local police force to the tune $82.5 million

10. $65 million for post-Sandy “Open for Business” campaign

11. Unused military facility gets $34 million

12. Pimping the tax code to subsidize Nevada brothels with $17.5 million

13. NASA looks for intelligent life in Congress for $3 million

14. $914,000 to look for love on the internet

15. State Department pays $630,000 for Facebook “likes”

16. $390,000 for whatever the hell this is

17. $385,000 to study duck penises

18. Study concluding that wives should calm down for $335,500

19. $150,000 for zombie protection

20. $53,000 for the Fort Hood mass murderer

redguy on April 10, 2014 at 4:43 PM

Wasn’t Holder held in contempt of Congress…? What happened to that one..?

d1carter on April 10, 2014 at 4:47 PM

Blah, blah, blah, blah, blah, blah, blah….

vnvet on April 10, 2014 at 4:49 PM

Assertions of fact(s) are racist.
NotCoach on April 10, 2014 at 4:35 PM

There that’s better!

cornbred on April 10, 2014 at 4:51 PM

redguy on April 10, 2014 at 4:38 PM

From what I saw in those emails, I think the IRS was forwarding information returns (5500-EZ) for True the Vote before TTV had finally received tax-exempt status. That was against the law, so those IRS folks should be headed to jail to serve time for felonies.

BuckeyeSam on April 10, 2014 at 4:51 PM

Wasn’t Holder held in contempt of Congress…? What happened to that one..?

d1carter on April 10, 2014 at 4:47 PM

DOJ is the party to prosecute. How’s that conversation work?

“Hey, boss, are you going to file charges against you or shall I?”

To me, this is a rigged game. Seems to me that it should get referred to some special prosecutor rather than allowing Holder to sit on it.

BuckeyeSam on April 10, 2014 at 4:53 PM

I just wish the whole IRS was in prison. Is that so much to ask?

And Cummings.

petunia on April 10, 2014 at 4:55 PM

“… (2) the statement did not admit any incriminating facts.”

I distinctly remember her statement…

“I did nothing wrong!”

What Lerner said is a statement of fact. She made the remard, and it is on record. Her claim, however, is a statement of opinion, her opinion (or judgment).

onlineanalyst on April 10, 2014 at 4:56 PM

Yes, the IRS can commit as many crimes as they want because Harry Reid is in control of the Senate. That makes a lot of sense.

I guess the Republicans should just continue to just throw their hands up and cover up for Obama.

tetriskid on April 10, 2014 at 4:40 PM

What do you propose the GOP do right now to get rid of the IRS? Defund them? Ok, then who handles tax collection? Who issues tax returns(imagine having millions of people not receive those heading into the midterms)? Who oversees Obamacare which we may hate but is something we’re stuck with for the time being?

I’d love to see the IRS go the way of the dodo. But until the GOP controls the entire Congress and the White House, it’s impossible to reduce or replace the bureaucracy. And it sure as hell ain’t possible to pass any sort of landmark tax reform(i.e. a fair or flat tax) that will reduce the power or influence of the IRS.

Doughboy on April 10, 2014 at 5:01 PM

12. Pimping the tax code to subsidize Nevada brothels with $17.5 million

redguy on April 10, 2014 at 4:43 PM

The IRS took over the Mustang Ranch and couldn’t turn a profit.

RickB on April 10, 2014 at 5:04 PM

Get the guy who was held in contempt to arrest the gal who is in contempt.

John the Libertarian on April 10, 2014 at 5:05 PM

Trey Gowdy is awesome.

I saw him on an old episode of forensic files the other night.

The Notorious G.O.P on April 10, 2014 at 4:02 PM

It’s too bad that we’ll probably never get an opportunity to have a guy like this get elected President. The people of this country just aren’t smart enough.

cajunpatriot on April 10, 2014 at 4:20 PM

Honestly I don’t want his as President. This man need to be our next Attorney General.

Yakko77 on April 10, 2014 at 5:06 PM

IRS flagged conservative political groups
2014 US elections

4h
Lois Lerner’s attorney: ‘The vote is the latest event in the majority’s never-ending effort to keep the IRS story alive’ until November elections – @frankthorpNBC
end of alert
============

Internal Revenue Service
4h
House Oversight Committee votes 21-12 to hold former IRS official Lois Lerner in contempt of Congress – @ChadPergram
end of alert
===============
Internal Revenue Service
4h
House Oversight Committee now voting on contempt of Congress resolution for IRS figure Lois Lerner – @ChadPergram
end of alert
==============

http://www.breakingnews.com/topic/irs-flagged-conservative-political-groups/

canopfor on April 10, 2014 at 5:07 PM

Yep, after Obama is out of Office and gone. No politician currently in office wants a repeat of Watergate no matter what they say. Plus nobody wants to go near having to impeach the first African-American President. That is Radioactive.

Johnnyreb on April 10, 2014 at 4:16 PM

Sadly this is true. Democratics know it; they bask in the power that they have knowing that Barry is untouchable.

This is what makes me think they would be crazy to nominate for president a fat old white woman that’s led a life of privilege. Why wouldn’t they grab the first presentable black politico they can find and slap a nominee label on him?

slickwillie2001 on April 10, 2014 at 5:09 PM

Frank Thorp V ‏@frankthorpNBC 4h

More Lois Lerner attorney on contempt vote: “The majority proceeds without regard to the harm it inflicts on innocent people…”
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Frank Thorp V ‏@frankthorpNBC 4h

Lois Lerner attorney stmt: “The vote is the latest event in the majority’s never-ending effort to keep the IRS story alive” until Nov elex
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Frank Thorp V ‏@frankthorpNBC 4h

The vote to advance the Contempt of Congress resolution for Lois Lerner passed along party lines: 21 GOP YEAs 12 Dem NOs
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Frank Thorp V ‏@frankthorpNBC 4h

House Oversight Cmte votes 21-12 to advance a resolution holding former-IRS Official Lois Lerner in Contempt of Congress to the full House
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Frank Thorp V ‏@frankthorpNBC 4h

House Oversight Cmte now voting to move resolution finding Lois Lerner in Contempt of Congress to a full vote in the House.
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https://twitter.com/frankthorpNBC

canopfor on April 10, 2014 at 5:10 PM

Yep, after Obama is out of Office and gone. No politician currently in office wants a repeat of Watergate no matter what they say. Plus nobody wants to go near having to impeach the first African-American President. That is Radioactive.

Johnnyreb on April 10, 2014 at 4:16 PM
Sadly this is true. Democratics know it; they bask in the power that they have knowing that Barry is untouchable.

This is what makes me think they would be crazy to nominate for president a fat old white woman that’s led a life of privilege. Why wouldn’t they grab the first presentable black politico they can find and slap a nominee label on him?

slickwillie2001 on April 10, 2014 at 5:09 PM

You are missing the worst outcome of impeachment, President buy a shotgun

Sven on April 10, 2014 at 5:11 PM

Why has it taken almost a year for them to charge her with contempt? Assuming she challenges, it’ll take another year or two to work it’s way through the courts.

supernova on April 10, 2014 at 4:11 PM

why does it matter if she is charged with contempt? It is a toothless charge. See: E. Holder

JQA on April 10, 2014 at 5:12 PM

How can obama be this racist, after 50 years?

How can the media eat so much of his chit?

It’s not Beluga caviar, fools.

Schadenfreude on April 10, 2014 at 5:12 PM

Why isn’t she in jail then? Until these guys start doing something instead of just talking, this doesn’t even rise to the level of bread and circuses.

Another Libertarian on April 10, 2014 at 5:13 PM

Chad Pergram ‏@ChadPergram 6h

Contempt of Congress case involving Lois Lerner now before Oversight Cmte: http://www.docstoc.com/docs/document-preview.aspx?doc_id=168397004
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https://twitter.com/ChadPergram
================================

http://www.docstoc.com/docs/document-preview.aspx?doc_id=168397004

canopfor on April 10, 2014 at 5:13 PM

Chad Pergram ‏@ChadPergram 3h

Issa says if Hse ok’s Lerner contempt “the matter will be referred to the (DC US Atty) which statute requires he take to a grand jury.”
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Chad Pergram ‏@ChadPergram 4h

Oversight Cmte votes 21-12 to hold Lois Lerner in contempt of Congress. Now heads to the House floor.
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Chad Pergram ‏@ChadPergram 4h

Oversight Cmte now voting on contempt of Congress resolution for IRS figure Lois Lerner.
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Chad Pergram ‏@ChadPergram 4h

Pelosi on Ryan budget: We see where the heart of the Republican party is..the House Democratic budget shows where our heart is.
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Chad Pergram ‏@ChadPergram 4h

Boehner: When it comes to #Benghazi 4 ppl are dead & the families deserve answers..the administration refuses to tell the truth.
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Chad Pergram ‏@ChadPergram 4h

Boehner: The American people haven’t been told the truth about the IRS or..Fast/Furious..or about #Benghazi. We have to hold ppl in contempt
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Chad Pergram ‏@ChadPergram 4h

Boehner says R’s don’t go after Obama/Holder others in admin because of race. “There is no issue of race here..”
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canopfor on April 10, 2014 at 5:16 PM

Or maybe she’ll surprise us, agree to testify, and offer a handy explanation for why she was thinking of applying for a job at OFA at the same time she was demanding audits of major Republican Super PACs…

… and handing over private conservative taxpayer information to Democrat Congresspersons…

I hope those organizations are preparing lawsuits against the IRS, against Lerner, against Cummings, etc, as we speak.

Sue their butts into oblivion.

Midas on April 10, 2014 at 5:18 PM

… and while she’s in the appeal process, put her butt in a locked room in the basement of the Congress.

Sick to f*cking death of these people. Make an example of someone, and let’s start re-acquainting the machine that there are, in fact, consequences for illegal behavior.

That, or simply tell the country that laws, including income tax, are now optional.

Midas on April 10, 2014 at 5:19 PM

Trey Gowdy should be the next Speaker of the House.

Meople on April 10, 2014 at 5:20 PM

Your IRS

Schadenfreude on April 10, 2014 at 5:20 PM

Inherent contempt will be the order of the day if DoJ tries to drag this out (which it undoubtedly will). I really hope the Republicans in the House have the stones to do this.

Throat Wobbler Mangrove on April 10, 2014 at 5:24 PM

May she be passed around at a Hell’s Angels party.

Sven on April 10, 2014 at 5:25 PM

Once again,

Congress has the power of the purse.

Cut the IRS budget by $1 Billion.

Cut Treasury by $2 Billion for failure to supervise.

Freeze all IRS salaries for 5 years.

Get their attention!!!

patch on April 10, 2014 at 4:35 PM

Nah, that would interfere with money raked in for their pet projects and they would immediately be tarred and feathered by the media and the Commiecrats. And they know it.

The IRS took over the Mustang Ranch and couldn’t turn a profit.

RickB on April 10, 2014 at 5:04 PM

Which proves how truly incompetent they are. Prostitution flies in the face of the laws of business and supply and demand – you got it, you sell it; you still got it. It takes some doing to screw (pardon) that up.

ghostwalker1 on April 10, 2014 at 5:25 PM

Johnnyreb on April 10, 2014 at 4:16 PM

then impeach his white half. i’m tired of the cowardice.

8 weight on April 10, 2014 at 5:29 PM

It’s too bad that we’ll probably never get an opportunity to have a guy like this get elected President. The people of this country just aren’t smart enough.

cajunpatriot on April 10, 2014 at 4:20 PM

We have other politicians that should be president. Gowdy would make a terrific Attorney General, though.

Mallard T. Drake on April 10, 2014 at 5:30 PM

Tweets All / No replies

Chad Pergram ‏@ChadPergram 5m

Ways/Means Cmte releases transcript of closed session where they prepped criminal referral to DoJ for Lois Lerner. http://waysandmeans.house.gov/uploadedfiles/040914_markup_transcript_executive_session.pdf
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http://waysandmeans.house.gov/uploadedfiles/040914_markup_transcript_executive_session.pdf

canopfor on April 10, 2014 at 5:45 PM

The Kefauver Senate hearings into organized crime back in the 1950s featured Mob figures who refused even to admit their own names ‘on advice of counsel’, exactly because of a fear of waiving their Fifth Amendment rights.

PersonFromPorlock on April 10, 2014 at 6:04 PM

May she rot in hell the moment she’s died of old age while “faithfully” serving a life sentence at Gitmo.

onomo on April 10, 2014 at 6:05 PM

Ask six different lawyers and you might get six different opinions.

Correction:

Ask six different lawyers and you might get nine different opinions.

slp on April 10, 2014 at 7:31 PM

if issa thought there was anything there they would of offered her immunity to get the bigger fish. issa is just trying to save face now and looking like a big chump. he fudged this up all my himself.

brushingmyhair on April 10, 2014 at 8:33 PM

Ms Lerner isn’t very smart. She should have testified and spilled her guts and then she could have been attainted.

Cindy Munford on April 10, 2014 at 8:35 PM

Remember the idiot Republican member that Gowdy replaced? To his constituents at a town hall: “Uhm, maybe you people need to stop listening to Rush Limbaugh and watching Fox News…..”

Marcus on April 10, 2014 at 11:00 PM

These law professors obviously don’t understand administrative hearings, which is what a congressional hearing would fall under until criminal charges are brought against the individual.

The moment you initially give testimony, you have allowed yourself to immediately be placed under jurisdiction, whether it’s Congress or a Judge. At that point, you can be placed under contempt for refusing to answer a question. Either you plead the 5th, or you answer their questions in such a way to avoid giving testimony.

The statement Lerner made, automatically placed her under Congress’s jurisdiction. I’m not an attorney, but there are plenty of cases of people who kept out of jurisdiction in how they answered.

UnstChem on April 11, 2014 at 12:45 AM

brushingmyhair on April 10, 2014 at 8:33 PM,

You’re naive is you think Issa doesn’t already have the “smoking gun”. What makes you think he doesn’t have a ton of emails implicating Lerner, Jarret, and even Obama?

You know those emails from Lerner talking about taking a job with OFA? Where do you think those came from? Or the ones between Cummings and the IRS? He has someone (probably a patriotic IT guy or gal) who has saved the emails off the servers (they are backed up every night) and who is feeding him the information he needs. But, in most cases, he can’t use them to nail the corrupt members of the administration because he needs direct testimony.

Lerner has admitted that the IRS undertook illegal activities in targeting conservative groups for extra scrutiny. She, and the administration, thought they could sneek the story out and it would die. Her previous statements during the press call, plus her “taking the 5th” (which I maintain is invalid as the Hearing was not a Criminal case), is tantamount to confessing her guilt. You don’t try to invoke your 5th Amendment protections against self-incrimination when you really have done nothing illegal. If you really have done nothing wrong and have nothing to hide, why claim the 5th? You do so only if your testimony would reveal your illegal activities, and the administration’s involvement in the scandal.

Additionally, the closer to November that the facts trickle out, the better the chances for gains in the House and taking over the Senate. If all of this would have played out last year, by this coming November the LIV would have forgotten all about the IRS scandal. This way, it remains fresh on the voters’ mind.

Now, if the “Fourth Estate” would do its job and accurately report the news, you’d see Obama’s approval ratings fall below 30%. But, alas, they are too tied to the administration (with some exceptions) and are too invested in Obama’s success. As he fails and falls, so does the “Fourth Estate”.

GAlpha10 on April 11, 2014 at 8:22 AM

“if” not “is”

GAlpha10 on April 11, 2014 at 8:23 AM

Citizens have the right to answer “No” when sworn in. This way the witness evades the perjury charge. The only reason to say “Yes” is if you gain from the outcome. So, unless you are standing to benefit, refuse to be sworn in. I would think these lying “progressives” would have thought of this a long time ago.

gasmeterguy on April 11, 2014 at 8:35 AM