IRS' Lois Lerner Re-Subpoenaed After Accidentally Waiving Her Right To Plead The Fifth

Tyler Durden's picture

"Never attribute to malice that which is adequately explained by stupidity"

      Robert Hanlon

Perhaps, when one gets down to it, there was no actual intent of malice or ill-will on behalf of the IRS to persecute conservative groups (there was of course), and the bottom line is that all of the administration's IRS apparatchicks were just bloody stupid.

Such is the conclusion one derives after watching today's attempt by embattled IRS official Lois Lerner to plead the Fifth before the House Oversight Committee, which blew up spectacularly in her face, after she made an actual statement protesting her innocence, which it appears, was in itself a waiver of the waiver.

As a result, committee Chairman Darrell Issa has ordered Lerner to be hauled back, and to answer the questions she evaded earlier today, after now having effectively waived her Fifth Amendment right in retrospect, or else be charged with contempt!

The farce is becoming so blatant it is almost as if someone is utterly desperate to make a complete mockery of the entire IRS scandal, and in the process shake the administration to the core, which more than anything is being exposed as utterly incompetent to boot. Of course, the real question is what is the public's attention being distracted from.

Politico reports:

The California Republican said Lerner’s Fifth Amendment right to avoid self-incrimination was voided when she gave an opening statement this morning denying any wrongdoing and professing pride in her government service.


“When I asked her her questions from the very beginning, I did so so she could assert her rights prior to any statement,” Issa told POLITICO. “She chose not to do so — so she waived.”


She appeared before Issa’s committee this morning under the order of a subpoena and surprised many by reading a strong statement to the panel.


“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 committee.”... the committee may ultimately pursue a contempt charge if Lerner continues to refuse to talk.

And just so there is no confusion:

During the incident, Issa did not flat-out say whether or not Lerner had indeed waived her rights but instead tried to coax her into staying by offering to narrow the scope of questions.


By the afternoon, Issa was taking a harder stand.


“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.”

Watch the entire exchange here, andfast forward to the sixth minute for the legal objection:

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Charles Wilson's picture

You don't have to practice to be miserable

Supernova Born's picture

You see her thinking: "Oh, fudge" in between those huge nervous sighs.

She waived.

nmewn's picture

"Perhaps, when one gets down to it, there was no actual intent of malice or ill-will on behalf of the IRS to persecute conservative groups (there was of course), and the bottom line is that all of the administration's IRS apparatchicks were just bloody stupid."


The IRS gave private information to ProPublica...a "progressive" group. They were using the power of government against those who believe in smaller government & less taxes.

ACP's picture

Her exact words were:
"I did what? Hah-hah! I'm not good at law!"

nmewn's picture

And NOT just Tea Party...

“The IRS narrative suggested that somehow it was objectionable to oppose anti-Christian bigotry and defend the rights of Christians.”

The IRS letter read:

“The narrative [of the Ohio Christian Educational Fund] indicates the organization ‘ … opposes anti-Christian bigotry and defends the rights of Christians.” Please describe how the organization achieves this purpose. For example, will the organization engage in legal action against activity the organization interprets as Christian bigotry, or are the actions of the anti-Christian organization against anti-Christian bigotry more accurately classified as educational in nature.”

Many were singled out for "special treatment"...just long enough to get through an election.

LetThemEatRand's picture

You gotta hand it to this lady.  She managed to infringe the First Amendment and then waive her right to the Fifth Amendment!   And then there's that oath to defend and uphold the Constitution that she clearly broke.  A hat trick.

nmewn's picture

She's definitely in the running for the 2013 Let The Eat Cake Award ;-)

LetThemEatRand's picture

And after they are done questioning her at the next session, O will make a surprise appearance and introduce her as the new Treasury Secretary?

nmewn's picture

lol...from the news of late...he'll probably order a drone strike on her terrorist neighbor to shut her up ;-)

max2205's picture

Anger old white women's one thing but stupid old cunts another

idea_hamster's picture

Somebody find out who her lawyer is -- so we all know to stay the F'K away from that 'tard crew!

Big Slick's picture
"Never attribute to malice that which is adequately explained by stupidity"

They will try to get you to believe this.  In reality, they are very very smart, and they are filthy as hell

Silver Bully's picture

"They will try to get you to believe this. "

"Of course, the real question is what is the public's attention being distracted from"

Finally. I hoped I wasn't the only one who saw this. When the IRS leaks this entire scandal at a press briefing ON PURPOSE . . .  what are they trying so desperately to distract us from? It sure isn't Benghazi.

Boris Alatovkrap's picture

Is not Benghazi, is Ben Dover and take it like good boy.

pmbug's picture

In light of the SPLC driven "patriots = domestic terrorists" campaign in the DHS, the IRS' demands for lists of members and donors is very, very chilling. NCTC holla!

Forty Six and 2's picture

I have no reference for a witness taking the 5th during Congressional hearings. With that here's my take...

I'm questioning the presentation put on display for us. I found it curious how she attempted to invoke he right to refuse to testify. She kept qualifying every refusal with the time frame of "today." Her final assertion at 7:30 makes it clear 'she will not be testifying today.' By defining a specific time frame she leaves open the possibility of her deciding to testify at a future date.

Also curious about Issa's utter lack of anger about it. He's usually not a softy with uncooperative witnesses.

Games are afoot. Another Hegelian dialectic playing out before our eyes? Scrap the current tax code because it's just too fucked up to repair and replace with a national VAT which is worse than income tax because it's a hidden tax?

Silver Bully's picture

"Also curious about Issa's utter lack of anger about it. He's usually not a softy with uncooperative witnesses."

Everyone and their lawyer's grandmother knew this woman was going to come in and plead the fifth. If Issa knew this (which he did), then he wouldn't have much reason to get angry. I think what surprised everyone was her apparent ignorance of how to plead the fifth before a congressional hearing.

In other words, plead the fifth and SHUT UP, or don't plead at all. Now she gets to spill her guts or get charged with contempt. Either way, Issa wins.

Oracle of Kypseli's picture

Or...... She may have wanted to spill her guts, but was threatened and played this crafty pre-arranged kabuki.

Yes! Mr. president but.... I got caught

Acet's picture

Frankly, given the level intelligence she displayed, I'm surprised she didn't use the Chewbacca Defense.

338's picture

Either way, Issa wins.


Nobody wins shit unless there are handcuffs, or hangmans nooses.


That won't happen.


If I don't pay them a hundred bucks thay can shut my life down. They, at any time, ( and I mean every corrupted piece of shit in every level of government, from the dogcatcher to the White House), can violate any law with impunity and be rewarded with a life long pension and a car to drive to work.


This shit won't work much longer, even though there are no more Daniel Shays to be had in this once great country.

Milestones's picture

Have a hard look at FairTax(.org). It also gets rid of  the IRS and it is for the cancellation of the 16th Amendment. It boils down to a consumer tax and gets rid of a lot of taxes including the payroll tax. 

Check out the above site.         Milestones

verum quod lies's picture

I would think the tribe has many decent lawyers available for a fellow member; but I suspect she didn't take his advice and just shut up.

Dingleberry's picture

Some bitches just don't know when to shut up. Hopefully Issa sends the wench to jail.

LawsofPhysics's picture

Women like to talk, period. In cases such as this, let them.

Chaos_Theory's picture

I hope she plays with electrical outlets and makes the Darwin Awards.

TwoShortPlanks's picture

You can look at any industry sector in the United States - for that matter many other Western Countries too - and what you will discover is layer upon layer upon layer upon layer, of Cobwebs.

All we learn from within the education system is to add layers and keep the system moving, not to tear them off and investigate.

'Oh what a tangled web we weave when first we practice to deceive'

- Sir Walter Scott –

Yeah, but what happens when "first" becomes second, third....'nth'?

Answer: People lose their moral compass. You can hide from legality by standing between words to dodge the raindrops and justify your righteousness, but you cannot claim morality. If ‘Law’ is a framework, then ‘Morality’ is an immersion.

nmewn's picture

I suspect it gets very deep with all the "vested interests" dependant on the system surviving as is...but it can't.

From the MIC to Wall Street to welfare.

"Change" can be scary, if they don't trust the people trying to change it ;-)

TwoShortPlanks's picture

Worst part is-is that the general public is just as morally corrupt. When everything is fine and life's ok, not many people care about this stuff. It's only when things go to the Dogs when the average person sits-up, pays attention, gets fired-up, and wants justice and morality enforced.

A brilliant perspective:

Hell, I know people in Real Estate who still think housing prices are dictated by 'Supply & Demand'...LOL...and they think the Boom is coming back soon!

nmewn's picture

"Worst part is-is that the general public is just as morally corrupt."


I don't know how many times I've made that statement and been shouted off the page...its the bankers!...its the government!...its the rich!...its welfare brood mares!

It is us.

We allow this shit. We allow it to pit us against each other in the process.

We allow people to steal and call it compassion. We allow Wall Street to steal from the public purse and allow economists to say there is no other way without them getting laughed off the podium. We allow a nineteen year old with a friggin handgun to force the public to shelter in place in a major metropolitan city. We allow "public servants" to takeover our lives, then just bitch about it, call it progress and say thats just the way it is.

I'm beginning to believe fully two thirds deserve exactly what they are getting. I'm (and mine) are mostly immune to their depredations of wants & needs and their constant casting around for a boogeyman that is anything other than them.

lesamourai's picture

"And where once you had the freedom to object, to think and speak as you saw fit, you now have censors and systems of surveillance coercing your conformity and soliciting your submission. How did this happen? Who's to blame? Well certainly there are those more responsible than others, and they will be held accountable, but again truth be told, if you're looking for the guilty, you need only look into a mirror."

DeadFred's picture

Maybe some are beginning to awake,

Be sure to note who the "police" are.

Kirk2NCC1701's picture

@ nmewn

The saying "A people deserve their leaders" comes to mind.  When no one leans out the window to shout "I'm mad as hell, and I'm not going to take it any more", then the die is cast. 

This nation is well down the road to Perdition, and only a shill, a fool or a chronic 'patriot' would want to "fight".  Fight for what, for whom?  For these "people"?  LMFAO. 

The only thing worth 'fighting' for is one's extended family, friends and Tribe.  Form your own Clan, your own Tribe of common kinship, heritage and values - the way the Muslims do.  And then add to that the common vision,  purpose, allegiance and organizational strength-- the way Jews do.  Be selectively inclusive, but otherwise exclusive -- the way your body or any body is selective in what it keeps and what it rejects or expels.  Only then can you & yours be strong against the winds, trials and tribulations of society, other cultures and 'your' government. 

Conisder how the early Christians (first few hundred years) survived and grew under the yoke of a corrupt and disintegrating Roman Empire.  The US today is like a USSA or a Latter Day Rome.  You/we cannot stop this reality or change its trajectory as fast as Americans would like (we're conditioned to "I want it, and I want it now!"), but we can build a new social order from the ashes of what is now a dying order.

The MSM, TPTB, and their agents, shills & trolls will not want you to be strong along these self-determined criteria -- but only strong around their criteria.  Their statist criteria are designed to make them and their system strong, not you and your system.  Keep that clarity and focus, and don't get distracted or bullied.

Tribe on!


Raynja's picture

our society is politically correct and morally corrupt.

it's not sustainable, maybe through an election or two it is, but it's not something we can build a future for our children on.

Dewey Cheatum Howe's picture

That is were you are wrong if there is enough weapons and thugs to go along with the plan, it just becomes repressive and more totalitarianistic and the marxists swing from fabian socialists to more facist types who use the equivalent physical force to enforce the state control when the mental rape tactics the fabian socialists use no longer keep the population compliant. That is coming next when the money runs out and the all the promises made can't be kept. The country will split first before this whole scourge is dealt with in a decisive manner at this point.

duhhhhhh's picture

This is what happens when you elect lawyers to run a country and then allow them to appoint the heads of the various federal agencies that enforce the rules.

Lessons from rome 1900 years ago, Tacitus:

corruptissima re publica plurimae leges When the republic is at its most corrupt the laws are most numerous
Kobe Beef's picture

+1. Tacitus is highly recommended.

Dewey Cheatum Howe's picture

Speak of the election it wasn't just Tea Party groups being targeted and it wasn't just the IRS doing it.

Houston-based True the Vote is an organization dedicated to preserving the integrity of the voting process. They're a outfit any normal, good-faith American ought to be glad exists, what with 160 U.S. counties showing more people registered than the actual number of live, eligible voters in existence. Alas, the compulsively-crooked Obama White House despises them.
True the Vote IS NOT a Republican outfit, and promotes no candidates nor political issues- they're merely focused on ensuring legal/fair/inclusive voting. In just the previous 18 months, voter fraud cases have been prosecuted in 36 states, so they know the problem is real, as does apparently the 'progressive' left that's been utilizing it to win elections...
thus their (telling) fear of these good folks.

Last night on Huckabee, president of True The Vote Catherine Engelbrecht detailed the unprecedented (in this country) political harassment her justice-seeking organization has suffered at the hands of Obama's politicized IRS once they dared apply for tax exempt status: she and her group were shaken-down by IRS auditors for months- they drilled her re. Facebook posts, Twitter tweets... even where Catherine was scheduled to speak!

But that was nothing: Engelbrecht said she was soon also harassed by the FBI, OSHA and then by the
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), who paid a visit and physically 'checked' her gun safe.

And while it's no surprise that hyper-partisan, morally-bankrupt Team Obama was out to neutralize conservative groups, attacking voter integrity organizations carries the obvious implications that the White House not only has no interest in honest elections... they're out to get anybody who even asks too many questions about it.

Now that Obama's been caught, his noxious administration is -typically- casting about for some White House janitor to blame, while everybody knows such widespread political oppression -which is about as anti-American as it gets- had to have come straight from the WH. As a matter of fact, initial efforts to blame the whole IRS targeting scandal on some cubicle-dwellers in Cincinnati has been exposed as a blatant lie already, as at least two other IRS regional offices have been implicated in the scandal.
In the wake of the unsettling revelations we've seen over the last week, more people are starting to deduce that Obama in-fact stole the 2012 election with fraud and by squelching Tea Party groups with any government intimidation he and his crew of thugs -and evil scientists- thought they could pull-off.

And they did get-away with these Stasi-esque shenanigans... up until now, anyway.

BeetleBailey's picture

You are correct sir...too bad 99% of the populace doesn't get that.....

anonnn's picture

If one does not understand the  connection between the Fifth Amend. and The Spanish Inquisition, then the Fifth Amend becomes an unclear arbitrary subject to jawboning and spinny debate.

The ONLY barricade to the use of torture to extract "confession" is the precious Fifth Amendment. No Fifth = invitation to torture.

drdolittle's picture

Oh shit really? I'm not often religious but you can perhaps see some correlates between biometric identification and the mark

Jumbotron's picture

"The farce is becoming so blatant it is almost as if someone is utterly desperate to make a complete mockery of the entire IRS scandal, and in the process shake the administration to the core, which more than anything is being exposed as utterly incompetent to boot. Of course, the real question is what is the public's attention being distracted from."


I don't know what the public is being distracted from...but it is being distracted by images of Kanye West's big, fat pregnant condom.......


Oh...I know.....the American public IS being distracted from this in England.....


Blood on his hands, hatred in his eyes: 2.30pm on a suburban high street, Islamic fanatics wielding meat cleavers butcher a British soldier, taking their war on the West to a new level of horror

drdolittle's picture

The poor bastard who had to go like that. Right wing England is gonna go all soccer hooligan on their asses.

Go Tribe's picture

I hope so, but doubt it. The UK is lost.

Buckaroo Banzai's picture

"Right wing England"

Yeah, all three of them.

Uncle Sugar's picture

Obama would say that's just workplace violence.  Now that he single handedly killed Osama there is no more terrorism.