Issa asserts…
…that Lerner waived her Fifth Amendment rights.
Hmmm.
Much more here.
Discussion of the law here, and in the comments thereafter.
The New Neo
A blog about political change, among other things
…that Lerner waived her Fifth Amendment rights.
Hmmm.
Much more here.
Discussion of the law here, and in the comments thereafter.
Not being an attorney, Rep Issa’s assertion sounds correct. However, this surely will go through the courts, eventually to the highest court. Barry and his ilk will be long gone and making millions doing whatever.
i heard Lerner is being called back tomorrow
Lerner stated she had done nothing wrong and then stated she would refuse to answer further questions per the 5th. I too am not a lawyer, but stating you are innocent and then seeking the protection of the 5th is a questionable course of action. She is going to be compelled to return for questioning.
We should start a pool on how many underlings Barry & hillary will have to throw under the bus during the next 6 months. I’m guessing around 20.
Representative Issa is lucky he had Trey Gowdy there to explain this point of the law to him.
If she herself is covering for …who? – well, beats me lol …and if – if – the committee suspects that she’s not the biggest fish headed for the fry pan, they can offer her immunity from prosecution (formal or informal is the question).
That could very well be what’s happening here.
She’s guilty herself, but she’s got the goods on someone much higher up the food chain (does anyone who’s paying close attention seriously doubt this as a very high probability …the use of the IRS wasn’t a “rogue agents in the hinterlands” op’, lol: there’s too many systemic safeguards at the IRS in place …that was just a dog-and-pony attempt by the administration to defuse and confuse …this is emblematic Chicago politics writ on the national stage, and it’s blown up in someone’s face …jeezus even the Journolisters were called in to the White House and are spouting the new line “it’s the IRS gone rogue for sure” …hahaha: yeah, sure they have …no, there’s collusion “up the chain”, and how high up is the only real question).
Her standing on the 5th today was just a tease. A fishing expedition if you will.
Will the committee take the bait?
…I couldn’t tear myself away from the streaming video today.
…tomorrow I’m making popcorn and settling in for the duration. This is now classic.
The whole damn house is tumbling down.
Lerner did say something to the effect * I will not be answering questions TODAY*.
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.
Some thoughts:
The WH waited for months to release the information about their actions against AP and FOX, until an outbreak of scandal brought with it an especially high danger from whistleblowers–and who now know that at any time any reporter or group could be being monitored.
When the IRS woman pled the Fifth today after saying that she was innocent, etc., her lawyers didn’t change expression; obviously, she was prepared to say what she said. She read it from papers in front of her. Perhaps Issa noted that he needed to tread warily–remember how Obama and Candy Crowley quickly led Romney into the ambush in the second debate? We’re in Clausewitz and Sun-Tzu territory, not wondering through Robert’s Rules of Order.
It is a fact that every single person involved knows that the president has the power of the pardon. This is monumental. The Prisoner’s Dilemma is not the game being played out. The WH wants to win without invoking this serious step, but they won’t hesitate to use it.
Please remember that Susan McDougal remained silent–even going to jail in silence–for Clinton, and then she was pardoned, a fact mostly hidden in the fireworks over Marc Rich’s pardon. The MSM ignored it.
Now they have made it clear that those in the know who speak out against the WH can be discovered and destroyed, and those that play the WH game can be rewarded, by bonuses, higher positions, more power, honors, and, in a pinch, a pardon.
Meanwhile, another little slight-of-hand they’re playing goes like this: The Progs say that the IRS culled out more than 300 requests, and only about 73 were “Tea Party” and “Patriot” ones. This means, they say, that the conservative ones weren’t even a third of the whole, and that therefore conservatives weren’t targeted. They ignore the fact that the others were other conservative or religious terms, such as “Constitution”, “Smaller Government”, “Christian”, “Pro-Israel”, etc., or from people who were known to be conservative.
They also don’t mention the audits from the IRS, and the intrusions by OSHA, the EPA, ATF, FBI, etc., which broadened the attacks beyond just the non-profits.
Incidentally, the One said that he was outraged because the IRS shouldn’t have even the appearance of bias. This is not outrage at bias. It is a statement that the appearance should have been avoided, because once it appeared it became a problem to be dealt with.
Quo Vadis America?????
On the other side, how much of this is being orchestrated from the WH? Surely they prepped her with some strategy in mind. And who knows the strategy might include an immunity deal and how they can play that to their advantage. Sometimes the immunity givers get taken. How smart are the Republicans? The little dance they’re doing with Pickering is interesting too. Just hope they don’t outsmart themselves.
In reading everyone’s posts about the games that are being played, it got me to wondering if the press is the only victim of phone/ email tapping. Is it possible that congressional enemies have also been “investigated” ? Is this administration really that smart, or have they been cheating all along- snooping into staffer’s emails and phone records and getting advance intel on their opponents intentions?
Andrew McCarthy at NRO has some observations about pleading the 5th that should be read (and as an adjunct to the comments at the Volokh Conspiracy).
The money quote:
…I’m still going with the immunity ploy though. As much because I have a hard time believing her lawyer is quite so incompetent as all that as anything else.
Someone’s going down over this, and as she seems to be administration’s target of choice right now, I’m betting on a deal being reached with the Issa committee.
If I recall correctly, during the Iran-Contra hearings before Congress Oliver North was granted immunity for any testimony that he provided. That in fact served as a basis for a later appeal by North.
I see no reason a similar arrangement couldn’t be worked for Lerner.
I’ll leave the 5th Amendment decision to the experts. All I know is that as a regular citizen, seeing her delivering an opening statement where she claimed he innocence and then pleading the 5th seemed wrong. Either your testifying or you’re not, lady. And you just testified (on your own behalf). I hope she negotiates some deal with Congress but I wouldn’t bet on it.
I think Schulman’s 118 visits (in 105 weeks) to the White House is key. How often does the IRS Commissioner usually meet with a president? Compared to a lot of Obama’s cabinet members this quite frequent.
It’s also interesting that the Cincinnati staff had to coordinate their questionnaires with officials in the Technical Unit of the IRS’s Rulings and Agreements office (http://tinyurl.com/nzdmwz2). It would not be possible for them to be “rogues” because they had to run everything by this DC team and incorporate their input on the (intrusive) questionnaires. Would like to hear Lerner’s role in all of this.
Folks, don’t ever overrate attorneys.
They screw up ALL the time.
It’d be common as dust for her attorney to blow this.
There’s also the reality that an attorney does NOT have absolute control over his client.
I’ve seen defendants disregard their attorney time and again.
People watch too much TV — and assume the travesties of the law broadcast there are any indication of what is permitted in court.
Law and Order is at the top of the list — but they all do so.
It’s for the drama.
American courts HATE drama. Emotions impair judgment.
Naw. Her attorney is a biggie …he’s been around this thing his entire career. Damn …I’m sorry I can’t recall where I read it earlier today blert, but this ain’t her attorney’s first prom at this level. He definitely knows what he’s doing …I’ll check back in if I come across the reference. Was it via Andrew McCarthy at NRO?
…anyways. I did read earlier today that her attorney isn’t a neophyte at dealing with clients at this level of notoriety.
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