Wednesday after Lois Lerner gave her introductory statement and invoked her right to not testify under the fifth amendment, Congressman Goudy of South Carolina raised a question when he stated that Lerner had in fact waived her fifth amendment right when she stated she had done nothing wrong and insisted she was innocent. Watch video for more:
Congressman Issa, Chairman of the House Oversight Committee, later echoed Goudy’s comment and stated that it is possible Lerner may be recalled to testify:
The experts are divided on the issue. Lerner’s lawyer, William Taylor insists Lerner invoked her rights and will not be required to testify, “The law is clear that a witness does not waive her Fifth Amendment rights not to testify as to facts by asserting that she is innocent of the wrongdoing with which she is accused,”
The depth of this scandal concerns all of us whether we are Tea Party members or not. If Lerner is recalled and does testify we may see a new side to the IRS scandal and the discriminatory action taken against many conservative groups across the nation.
5 thoughts on “Did Lerner waive her Fifth Amendment Rights?”
I remember a Rockford file episode, not sure if the law is still the same in California, but before a grand jury, if you state more than your name, you waived your rights to the 5th. before Congress no idea, IANAL.
Thank you for sharing. I am very interested in seeing where this heads as well. It seems Lerner *may* have waived her rights to me (she certainly seemed talkative for someone who didn’t want to answer questions), but I am waiting to see where this heads!
An assertion of innocence is essentially a plea. Choosing to plead “not guilty” does not violate an invocation of Fifth Amendment rights protecting against self-incrimination.
Thank you for sharing your point of view! We shall see where this heads from here. There is certainly a lot to the subject.
To my very limited knowledge of law. I understand that the 5th is to prevent one from incriminating ones self. Lerner pled the 5th to protect others which should be illegal. Darryl Issa knows what he needs to do.