Lerner takes the Fifth
In a move that was absolutely no surprise at all, the IRS’s Lois Lerner took the Fifth today.
What does it mean?:
It’s doubtful that any prosecution of Lerner could be based on her disgraceful conduct in allowing the targeting to occur. Indeed, it is hard to see how Lerner could be prosecuted criminally for her actions as head of the EO, although the IRS could itself be sued by eligible 501(c)(3) organizations for its failure to timely process their applications.Rather, if she is truly trying to avoid prosecution herself (as opposed to simply shielding higher-ups from some other kind of disclosure), it is probably connected to her repeated untruths before Congress.
Note that Lerner can only take the Fifth in response to questions where the answer might possibly incriminate her. That means she is obligated to answer questions that do not put her in legal jeopardy.
And here’s an article on why none of the IRS workers involved have been fired: it’s really really hard to do so. But in addition, I would guess that making them the fall guys could motivate them to spill the beans on who actually did order them to do this, because it’s highly doubtful (actually, pretty much unbelievable) that they were acting on their own. So perhaps the administration’s motivation is to contain the problem by letting them stay as long as possible.
As for Lerner, the administration has not yet asked her to resign. Is it for the same reason? Or is it because they don’t want anyone to admit wrongdoing of any sort, and wish to continue the fiction that it was just a few workers going rogue? Or, is it that it suits them to give out the message that higher-ups are ignorant and not responsible, because that’s their message about Obama himself?
Or, as Ace argues here, are Obama’s press handmaidens Ezra Klein and Josh Marshall hinting that the Obama administration (which had a private little téªte-é -téªte with them yesterday) has already decided to ask Lerner to resign, hoping that will be the end of it? Time will tell.
[ADDENDUM: Oh, and there’s also this:
Rep. Darrel Issa, the committee’s chairman, said that the committee learned just yesterday that the IRS completed its own investigation a year before a Treasury Department Inspector General report was completed.
But despite the IRS recognizing in May 2012 that its employees were treating right-wing groups differently from other organizations, Issa said, IRS personnel withheld those conclusions from legislators.
It’s just another example of why big government agencies that can pry into people’s lives are inherently dangerous.]
IMHO, it should be a condition of employment for the Federal government that you answer a question posed by Congress.
This wouldn’t interfere with the Fifth Amendment because you should have the right to resign or retire without notice if faced with the prospect.
Resignation will not suffice. Investigation will continue, and somebody will spill her bean pot.
“Note that Lerner can only take the Fifth in response to questions where the answer might possibly incriminate her. That means she is obligated to answer questions that do not put her in legal jeopardy”
And yet Darrel “Dick Tracy” Issa excused her after a couple of questions.
Republicans have themselves to blame for their communication problems. They’re inept. After all the hype and buildup of bringing this person in to testify, it could have been a time to ask questions — and let her plead the 5th over and again. At least the media would have something to report. The media were there for a showdown, and instead they got the lead Republican inquisitor looking like he didn’t know what he wanted to do or why he requested her testimony. Why bother bringing her up to testify if you’re going to excuse her without finding out which questions she believes would incriminate her? They could have pointed out what you have above, but that would mean they actually had PLANNED a strategy.
The Republican house deserve to get their asses handed to them in 2014. The guys who are investigating Benghazi go on the conservative talk shows blabbing about a subpoena for Clinton and others, but it’s just talk. They don’t have the balls, the organizational skills or the desire to hold anybody accountable. All of these things would be enough to blow any other administration apart — but not in the hands of these clowns. There is no scandal, no matter how serious that these fools could use to their advantage.
My own congressman (McCall – Homeland Security chairman) sends out a special newsletter to trumpet his tough questions on the FBI and CIA dropping the ball with the Boston bombers. Nothing else, just a letter to remind us he held a hearing asked questions. B.F.D.
And that pretty much sums up what these clowns are good for. Nothing.
Dear Constituents,
We asked some questions. We had some hearings. We investigated, and we’re now thinking up new investigations to keep us busy and you entertained while we get our asses kicked up one side of pennsylvania avenue and down the other. Please send money and vote for us because we can’t keep losing without your support.
Sincerely,
The Mind Numbingly Inept and Clueless 2012 House Republicans.
I have to agree with southpaw, asking but a few questions is not a good sign, regardless of what possible strategy Issa may have in mind and appears to demonstrate a hypersensitivity to media criticism attempting to assign the IRS scandal to partisan politics.
First she says she did nothing wrong and then she takes the fifth. Taking the fifth this early would seem to indicate she expects criminal charges to be filed.
I fire federal employees for a living. Well, technically I help managers put together the discipline/adverse action cases and they fire them, but they don’t generally know what they’re doing. That’s my job. I’m totally serious. And it’s not that difficult to do. And look how easy it was for State to put someone, unconnected to Benghazi, on administrative leave while they “investigate.”
The IRS stance is this: simple procedural error, gave them a good talking to, right-oh. And as you state, that helps them as well since they can still dangle their jobs over them as leverage not to testify. But I think that Prisoner’s Dilemma is about to break as the local Fox affiliate in Cincinnati has had a few conversations with the local office already. They’re not going to burn for this.
Congress would be wise to call them all in, one by one, and go up the chain from there.
But seriously, it’s not as difficult as it’s made out to be to remove federal employees. They’re protected by a Union, but that only means the forum for their removal might be an arbitrator instead of the Merit Systems Protection Board. The Board is currently staffed by former Union counsels (I kid you not), and so is more employee friendly these days, but it’s not determinative.
Not sure having Issa be more aggressive would have been the way to go because then the spotlight would have been on him, which the Dems and the MSM would love.
Looks to me as if the Republicans are trying their best to keep that from happening, and so have decided on a less dramatic nuts & bolts approach to all this.
This is the bureaucratic equivalent of “too big to fail.”
They’re too big to control. Or to be accountable. There are too many ways to slip in a partisan agenda.
Bureaucracies this big need much greater transparency. Or, more ideally, need to be much smaller and have much less power.
The only way anyone gets in serious trouble is if the DOJ or FBI goes after them. Guess who they work for.
A special prosecutor is needed.
A special prosecutor is needed? You mean like, say, Patrick Fitzgerald in the Valerie Plame case, eh?
As much as I despise Lerner and what she has (allegedly) done – and will do if not stopped – I think she’s still protected by the Fifth. BUT:
I also think she’s already gearing up for a plea bargain of sorts. I for one will happily offer a bargain under which she agrees to tell all and name names, in return for immunity. Because as much as I despise her, I think the return for the good guys will be much greater if we can pry open the Pandora’s box and watch the bats and demons come flying and crawling out.
It will be crucial for reaching more reachables.
We need a whistleblower.
An IT guy perhaps.
These agencies COORDINATED their attack on True the Vote.
IRS, ATF, EPA, OSHA, FBI all spent time with True the Vote racking up costs for True the Vote. I’m sure there are other organizations who have been targeted also.
This is not just Tea Party people being targeted by IRS. This is conservatives being targeted by the government.
http://www.powerlineblog.com/archives/2013/05/on-irc-section-1203.php
See this as well. It appears the IRS has its own regulations on top of the regular discipline/adverse action regulations governing certain misconduct.
Well the Leftist alliance wouldn’t be much of one they didn’t “coordinate” things together.
Personally, there’s no need for lawyers, deals with Democrats, or circus shows on tv with Leftist elects in congress.
Just take them out and drop them in the Marineas trench.