Self proclaimed liberal Democrat and nationally recognized civil rights attorney/Professor has stated that Lois Lerner has waived her right to invoke the fifth amendment to prevent self incrimination and is now in contempt of Congress.
Dershowitz made a statement (below) in response to IRS boss Lois Lerner’s appearance in front of a special House investigation into the IRS scandal that is crippling the Obama administration. Lois Lerner began her appearance by making the following statement:
“I have not done anything wrong,” she said. “I have not broken any laws. I have not violated any IRS rules or regulations. And I have not provided false information to this or any other congressional committee.” But on the advice of counsel, she said, she would not answer questions or testify before the committee.
By making this statement that she is innocent of all crimes many argue that she has waived her right to invoke the fifth amendment, among them Alan Dershowitz.
“You can’t simply make statements about a subject and then plead the Fifth in response to questions about the very same subject,” the renowned Harvard Law professor said.
“Once you open the door to an area of inquiry, you have waived your Fifth Amendment right . . . you’ve waived your self-incrimination right on that subject matter.
“She’s in trouble. She can be held in contempt,” Dershowitz told “the Steve Malzberg Show” on Newsmax TV.
Dershowitz happens to be an expert on this subject having written a book on the subject not long ago titled ‘Is there a right to remain silent’.
“Congress is respective when witnesses assert the Fifth, but if it’s not asserted properly, you’re not refusing to testify based on constitutional protection,” the aide explained. “Because you don’t want to answer certain questions, there’s a potential contempt of Congress.”
The same articel details this:
One constitutional expert noted that generally people who claim the Fifth in hearings give no statement and it would be “unusual” to give a statement and still claim the Fifth.
“Most witnesses claiming the Fifth will not tempt fate by answering any questions,” said Michael Gerhardt, a University of North Carolina constitutional law professor who specializes in the relationship between Congress and the executive branch. “I suppose the witness might argue he or she is claiming the Fifth for limited purposes but then needs to have someone spell out the relevant scope.”
See/hear Alan Dershowitz statements in the below video:
What this means is that Lois Lerner may/probably screwed up with making an initial statement at the outset of the hearing and will be called back and forced to answer questions about a subject she has already partially commented on. If she refuses to answer questions she will be held in contempt of congress and possibly imprisoned. This is serious stuff – and she may go to jail.
Yet another example of another person who will be asked to fall on the sword to make Obama’s vision of America a reality.