Anonymous asked in Politics & GovernmentPolitics · 7 years ago

Will Lois Lerner and her lawyer go down in history as an example of How NOT to invoke the 5th?

She came before the hearing today and made a statement of denial before invoking the 5th amendment.

One problem.

You can't do that. You cannot walk into a courtroom and make a statement giving your side of the story, then before cross examination claim the right to remain silent.

She voided her 5th amendment rights.

Once you make a statement, you are now a willing participant in the hearing and have voided your 5th Amendment rights.

Issa has called her back to testify tomorrow. This is going to be very interesting.

7 Answers

  • 7 years ago
    Best Answer

    Actually it seems that quite a few Republicans need a lesson in the history of 5th Amendment applications. A defendant cannot selectively answer questions after invoking their 5th Amendment right but a WITNESS, which is what Lois Lerner was summoned to Congress to be, absolutely can.

    Source(s): United States v. Seifert
  • Anonymous
    7 years ago

    What is the Committee going to do to her? Make her write "I will not take the Fifth Amendment after making a denial" 100 times on the blackboard or something?

  • 7 years ago

    The irony is that Lerner believes that she has a Constitutional Right to not answer questions concerning the serious violation of the Constitutional Rights of others which occurred under her watch.

  • Barry
    Lv 5
    7 years ago

    Taking the 5th in the Peoples House should make it number one the stupid criminals list this year

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  • 7 years ago

    She did start testifying before she pleaded the 5th. Wonder what would happen to the "average Joe" if they did that?

  • 7 years ago

    There is no problem as long as she did not answer any questions, not even "Who are you?" For the record. Answer one question and the fifth flies out the window.

  • Edward
    Lv 7
    7 years ago

    She just dug her own grave stupid bureaucrat.

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