General Discussion

1StrongBlackMan

(31,849 posts)

6. Erm ...

Wed May 22, 2013, 05:16 PM

May 2013

Back to law school for you Mr. Former Federal Prosecutor (which probaby explains the "former" part) ...

First, this hearing is NOT a trial or a grand-jury... different rules apply.

Secondly (and relatedly) because Lerner is a witness (not the accused, as in a trial), she is free to pick and choose what questions she is willing to answer.

Lastly, because this is not a trial or a grand jury, she is free to invoke the 5th at any time.

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IRS - Did Lois Lerner botch 5th Amendment assertion. [View all] Celldweller May 2013 OP

Too bad - she blew it. Dreamer Tatum May 2013 #1

this is how it works... Celldweller May 2013 #4

No one said she perjured herself. She simply began to tesify, and then invoked the Fifth. Dreamer Tatum May 2013 #10

No, I'm speaking in general terms... Celldweller May 2013 #15

Then she should have kept her mouth shut, ya think? nt Dreamer Tatum May 2013 #16

You can invoke the 5th at any time. MNBrewer May 2013 #26

But it has no teeth. nt Dreamer Tatum May 2013 #27

What has no teeth? Congress? Daryl Issa? MNBrewer May 2013 #29

Nevermind. Prosecutors have said that once one testifies, the 5th is waived. Dreamer Tatum May 2013 #30

What prosecutors? They hold jurisdiction in this case? MNBrewer May 2013 #32

I think you should do some reading. nt Dreamer Tatum May 2013 #33

I have MNBrewer May 2013 #36

And how are they going to waive it? Apply torture? NutmegYankee May 2013 #37

Jesus H. Christ. Dreamer Tatum May 2013 #38

It's not a trial jberryhill May 2013 #42

What prosecutors, again? MNBrewer May 2013 #50

But she was not in a court of any kind. Those rules don't apply. DevonRex May 2013 #65

There has been conflicting case law on that point, pnwmom May 2013 #58

She needn't talk. She can't be FORCED. Dreamer Tatum May 2013 #60

Couldn't she be charged under contempt of congress pnwmom May 2013 #61

She's in contempt of Congress. aristocles May 2013 #2

i'm not a lawyer but i don't understand why you can't change your mind. unblock May 2013 #3

The previous poster is correct - you COLGATE4 May 2013 #5

Not true ... 1StrongBlackMan May 2013 #9

I'd like to see the cite to that- COLGATE4 May 2013 #11

When I get home ... 1StrongBlackMan May 2013 #17

Not case law; but ... 1StrongBlackMan May 2013 #34

A little more background and clarity Celldweller May 2013 #48

It's not a trial jberryhill May 2013 #39

this is what i thought -- that there's a difference between an investigation and a trial unblock May 2013 #22

You can stop and invoke the 5th at any time MNBrewer May 2013 #28

Think about what you are saying jberryhill May 2013 #43

Can't use it as a sword and a shield geek tragedy May 2013 #8

Sure as hell can! MNBrewer May 2013 #31

As a witness at a Congressional committee like this, probably. geek tragedy May 2013 #40

Which is the point jberryhill May 2013 #41

Yep. MNBrewer May 2013 #45

correct. nt clarice May 2013 #54

Erm ... 1StrongBlackMan May 2013 #6

Thanks, Man. elleng May 2013 #13

Yes, basically it is just a point of order issue.... My Pet Goat May 2013 #19

Comment from Rep. Cummings D-MD Celldweller May 2013 #23

And they could give her immunity and compel her testimony. pnwmom May 2013 #59

I suspect ... 1StrongBlackMan May 2013 #66

She should have said the first part to the press BEFORE she went to congress SoCalDem May 2013 #7

No; she answered no questions. elleng May 2013 #12

Isn't a Federal court. It's a congressional hearing. JaneyVee May 2013 #14

does anyone know if she was under oath? nt Celldweller May 2013 #18

Most congressional testimony ... 1StrongBlackMan May 2013 #21

I can - Bush/Cheney refused to be put under oath re: 9/11 Cooley Hurd May 2013 #24

Yeah ... 1StrongBlackMan May 2013 #35

I saw her being sworn in. nt B2G May 2013 #44

Bingo. n/t 1StrongBlackMan May 2013 #20

He can whine and bitch as much as he wants, he can't make her talk rl6214 May 2013 #25

Issa didn't balk--he allowed it. He's the decider librechik May 2013 #46

they will recall her B2G May 2013 #47

And her response will likely be the same. n/t 1StrongBlackMan May 2013 #49

So why would Issa so willingly accept that and not have her questioned? Is he, oh, hiding something? Roland99 May 2013 #52

I believe they're starting to figure out that this bites them in the ass. librechik May 2013 #53

She did, she should have never said anything. Puzzledtraveller May 2013 #51

No. Not according to the Supreme Court mandated Miranda Warning. Savannahmann May 2013 #55

I don't think that applys here Puzzledtraveller May 2013 #56

The 5th Always applies. Savannahmann May 2013 #57

Can anyone cite (no editorial) actual case law which prohibits invoking the 5th in a congressional.. LanternWaste May 2013 #62

It happens all the time. W_HAMILTON May 2013 #63

She wasn't in a court of law so she did not blow it. The legislators DevonRex May 2013 #64

Testimony under oath still carries potential for criminal charges Savannahmann May 2013 #67

No. It doesn't work that way. You can invoke the 5th at any time. DirkGently May 2013 #68