Quote: conservgramma wrote in post #13

---

Quote: FP123 wrote in post #11

---

Quote: conservgramma wrote in post #7

---

Issa screws up again.

The fifth amendment does not apply to GOVERNMENT EMPLOYEES!

---

I'm interested in that line of thought. I think that sneakypete made mention of that concept on some other thread. He said something about it would apply to their personal activity but not to their activities as public servants.

---

Yes, that's how I understand it. Maybe I'm wrong but according to attorney friends of mine, the 5th amendment is in place to protect private citizens. It is not in place to protect government/politicians who have committed criminal acts against the country from prosecution.

Example: If Lerner had her cell phone hacked, or stole somebody else's cell phone she could legally plead the 5th because at that point she is a private citizen. As a government worker employed with the IRS she cannot legally plead the 5th as she is working for the public with the government at that point.

Again....as I understand it.

---

Quote: Palinista wrote in post #14

---

Quote: FP123 wrote in post #11

---

I'm interested in that line of thought. I think that sneakypete made mention of that concept on some other thread. He said something about it would apply to their personal activity but not to their activities as public servants.

---

What is the definition of a public servant?

---

Quote: FP123 wrote in post #17

---

Ha! Truth be told, I actually felt a bit queer typing "public servant" in 2013; it seems to be such a quaint and anachronistic concept today! What I meant was the activities involved "in performing her duties of the government office that she currently holds," opposed to activities that she does as a private citizen.

---

I am doing some reading and found this interesting "tid-bit" -

2. White House
The IRS may disclose returns or return information to the President and/or
to certain named employees of the White House upon the written request
of the President, signed by the President personally. A request must
specify, among other things, the reason disclosure is requested. The
President (or a duly authorized representative of the Executive Office) and
the head of a federal agency also may make a written request for a "tax
check" with respect to prospective appointees.

The White House is required to report quarterly to Congress regarding the
disclosures of returns or return information made to it. Similarly, federal
agencies are required to report on tax checks.

Whenever I hear an official obsessing on the scandal du jour "never happening again," I immediately think they are working overtime to cover THIS one up.

Rep Gowdy Protests, Demands Lerner Testify: 'She Already Testified'

http://landing.newsinc.com/shared/video.html?freewheel=91074&sitesection=breitbartprivate&VID=24836402

Doing some interesting reading about pleading the 5th. Some tidbits:

Zitat

---

The Fifth Amendment Self-Incrimination Clause only gives people the right to refuse testimonial evidence to the government. It does not give them the right to refuse other physical evidence such as fingerprints, blood samples, tissue samples or to refuse to stand in a police lineup.

---

Zitat

---

The Self-Incrimination Clause can only be relied upon by individuals. It cannot be used by an organization, such as a corporation, to refuse testimony in court.

---

Isn't the IRS an organization? And a federal organization at that?

Quote: Eglman wrote in post #21

---

Rep Gowdy Protests, Demands Lerner Testify: 'She Already Testified'

http://landing.newsinc.com/shared/video.html?freewheel=91074&sitesection=breitbartprivate&VID=24836402

---

Quote: Eglman wrote in post #21

---

Rep Gowdy Protests, Demands Lerner Testify: 'She Already Testified'

http://landing.newsinc.com/shared/video.html?freewheel=91074&sitesection=breitbartprivate&VID=24836402

---

Zitat

---

If someone takes advantage of his right to "plead the fifth," he cannot be accused by the prosecutor of being guilty of the alleged crime simply because he relied on his Self-Incrimination Clause right. Likewise, if a person does not take advantage of the Self-Incrimination Clause, and instead takes the stand on his own behalf, he cannot later refuse to answer questions on cross examination. He must "plead the fifth" first or take the stand, he cannot do both.

---

So if she has already testified she legally can't plead the 5th.

Quote: conservgramma wrote in post #24

---

So if she has already testified she legally can't plead the 5th.

---

Quote: Palinista wrote in post #25

---

Quote: conservgramma wrote in post #24

---

So if she has already testified she legally can't plead the 5th.

---

She did. They let her because of professional courtesy. If they refuse to ask the questions they cannot be responsible for not finding the truth.

Issa is looking like an ass.

---

Quote: conservgramma wrote in post #22

---

Doing some interesting reading about pleading the 5th. Some tidbits:

Zitat

---

The Fifth Amendment Self-Incrimination Clause only gives people the right to refuse testimonial evidence to the government. It does not give them the right to refuse other physical evidence such as fingerprints, blood samples, tissue samples or to refuse to stand in a police lineup.

---

Zitat

---

The Self-Incrimination Clause can only be relied upon by individuals. It cannot be used by an organization, such as a corporation, to refuse testimony in court.

---

Isn't the IRS an organization? And a federal organization at that?

---

I'm not disagreeing with you in principle, but I suppose that she is doing it as an "individual" rather than the "organization."

Quote: Palinista wrote in post #25

---

Quote: conservgramma wrote in post #24

---

So if she has already testified she legally can't plead the 5th.

---

She did. They let her because of professional courtesy. If they refuse to ask the questions they cannot be responsible for not finding the truth.

Issa is looking like an ass.

---

Quote: FP123 wrote in post #29

---

Quote: Palinista wrote in post #25

---

Quote: conservgramma wrote in post #24

---

So if she has already testified she legally can't plead the 5th.

---

She did. They let her because of professional courtesy. If they refuse to ask the questions they cannot be responsible for not finding the truth.

Issa is looking like an ass.

---

This is very common. The "government class" (or "ruling class") extends these types of privileges and courtesies amongst themselves. We in the "country class" are not afforded the same. (Codevilla definitions.)

---