Soc... lawyer question for you

[Cancel 2016.2]

http://www.politico.com/story/2013/05/darrell-issa-irs-lois-lerner-91755.html

What is your take on the above? Did she give up her rights or not? Does it differ being in Congress vs. Court?

“The precedents are clear that this is not something you can turn on and turn off,” he told POLITICO. “She made testimony after she was sworn in, asserted her innocence in a number of areas, even answered questions asserting that a document was true … So she gave partial testimony and then tried to revoke that.”
He said he was not expecting that.


“I understand from her counsel that there was a plan to assert her Fifth Amendment rights,” he continued. “She went ahead and made a statement, so counsel let her effectively under the precedent, waive — so we now have someone who no longer has that ability.”

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[SmarterthanYou]

unless the constitution doesn't apply to testimony to congress, she should be able to invoke her 5th Amendment right at any time, before during or after.

 

[Damocles]

One does not get to testify for the one side then invoke the 5th for the other. Basically if I got on the stand at my own trial and spoke at length of my innocence in a soliloquy after taking my oath, the Prosecution would have a chance to cross examine me. I would have, in this scenario, given up my 5th...

Basically, it is best to say nothing at all because if you testify to the one side you have waived your 5th and are subject to cross.

 

[Timshel]

One does not get to testify for the one side then invoke the 5th for the other. Basically if I got on the stand at my own trial and spoke at length of my innocence in a soliloquy after taking my oath, the Prosecution would have a chance to cross examine me. I would have, in this scenario, given up my 5th...

Basically, it is best to say nothing at all because if you testify to the one side you have waived your 5th and are subject to cross.

There are no sides, in this. No one is being prosecuted or presenting evidence on behalf of anyone.

 

[Socrtease]

You can answer some questions in a hearing and then assert your fifth amendment rights as to others. Her opening statement was general. She did not give specific denials to specific acts. I don't believe that Issa can force her to answer anything. He may attempt to hold her in contempt of congress, but a district court judge, in the DC district would be the final arbiter of that, and that weighs against Issa. He could appeal it, and it would go to the DC Circ. Court of Appeals, which weighs against Issa. Short Answer long, I don't she will be found to have waved her 5th Amendment rights anymore than a criminal defendant who represented himself at trial and gave an opening statement would have.