IRS Scandal Heats Up with Lerner Taking Fifth

by John M. Curtis
(310) 204-8700

Copyright May 23, 2013
All Rights Reserved.                                         

             Taking the Fifth Amendment in the House Oversight and Government Affairs Committee, the head of the IRS tax-exempt organizations Lois Lerner brought more credibility to the GOP and disrepute to her agency.  Refusing to answer Chairman Darrell Issa’s (R-Calif.) questions opened up a can of worms that may eventually lead to the West Wing.  Insisting she did nothing wrong, Lerner read a brief statement proclaiming her innocence, yet simultaneously took the Fifth.  Some members of Issa’s committee believe her public statement effectively waived her Fifth Amendments rights.  “She just testified.  She just waived her Fifth Amendment right to privilege,” said Rep. Trey Gowdy (R-S.C.), a former U.S. attorney.  “You don’t get to tell your side of the story and then not be subjected to cross-examination.  That’s not the way it works,” establishing for the record that Lerner clammed up.

             Insisting she did “nothing wrong” doesn’t jibe with someone taking the Fifth.  Whether Issa can compel Lerner to talk is anyone’s guess.  If she’s recalled back to the committee, she’ll more than likely bring her attorney.  At stake is nothing short than busting a covert effort to sabotage Republicans in the 2012 presidential campaign.  Targeting conservative or Tea Party 501c(4) nonprofits can only have one motive: To protect President Barack Obama’s lead heading into the Nov. 6 election.  “Ms. Lerner may have waived her Fifth Amendment rights by addressing core issues in her opening statement and the authentication afterwards,” said Issa, hinting at the kind partisan warfare that lies ahead.  Whatever the partisan issues, Lerner’s feeble testimony gave the White House a fat black eye.  Taking the Fifth, whether justified or not, raises disturbing questions about the chain of command.

             Since taking the oath for a second time Jan. 20, 2013, Obama has been hit with some potentially impeachable scandals, including the Benghazi debacle, IRS witch-hunt and Justice Department’s AP spying controversy.  More recent revelations about spying on Fox News reporter James Rosen adds insult-to-injury, proving the Justice Department overstepped its regulatory authority, violating the First Amendment.  White House officials, including Press Secretary Jay Carney and Senior Advisor Dan Pfeiffer, have talked a good game about how the events have outraged the president, while, at the same time, recording his public remarks that the White House or State Department has the right to investigate potential leaks when it comes to national security, excusing what looks like egregious behavior.  After yesterday’s bewildering testimony, Lerner has been placed on administrative leave.

             Former IRS director Douglas Shulman testified May 21 before the Senate Finance Committee that “it wasn’t his fault,” passing the buck, prompting Issa’s committee to drag Lerner to testify.  While Shulman said he ultimately as the department head must take responsibility, he refused to apologize for going after conservative 501c(4) groups because of widespread abuses.  Whatever the abuses, it doesn’t take a rocket scientist to figure out that someone at the IRS must be held accountable for what looks like a deliberate effort to sabotage conservative nonprofit groups.  Since former Treasury Secretary Tim Geithner was Shulman’s boss and since Geithner was a member of Obama’s inner circle for the 2012 campaign, it only makes sense that Tim comes before the committee to testify.  Issa has a right to know whether the IRS harassment scheme was hatched in the White House.

             Instead of focusing on whether or not Lerner has a right to invoke the Fifth Amendment, the fact is she refused to testify.  Whether or not she’s protecting herself or someone else at the White House, taking the Fifth raises the impeachment stakes as the IRS scandal migrates from the IRS to the Oval Office.  “Congress is respective when witnesses assert the Fifth, but if it’s not asserted properly, you ‘re not refusing to testify based on ad constitutional protection,” said an unnamed Congressional aide.  If witnesses stonewall asserting the Fifth, the Congress has a right to cite the witness with contempt of Congress.  Even liberal Elijah Cummings (D-Md.), while defending Lerner, observed that testimony before Congressional committees was not the same as court.  “This is not a courtroom,” said Cummings, defending Lerner’s right against self-incrimination by taking the Fifth.

             Lerner’s refusal to come clean before Issa’s House Oversight and Government Reform Committee speaks volumes about what’s at stake:  Nothing less than the possible impeachment of President Barack Obama.  If the IRS scandal originated in the White House to protect the president’s lead in the 2012 campaign, it could trigger impeachment hearings.  If Lerner had continued to talk, it’s possible she would have reflected badly on the White House.  Saying the Lerner was acting “on the advice of counsel” doesn’t in anyway excuse a possible link to the White House.  Counsel only accepts adverse publicity when the testimony would be far worse. “Most witnesses claiming the Fifth will not tempt fate by answers any questions,” said Michael Gerhardt, University of North Carolina constitutional laws professor.  Taking the Fifth unleashed Pandora’s Box for the White House.

John M. Curtis writes politically neutral commentary analyzing spin in national and global news.  He's editor of OnlineColumnist.com.and author of Dodging the Bullet and Operation Charisma.