Lois Lerner Didn't Learn

The law regarding the use of the Fifth Amendment to avoid questioning by the government is reasonably clear:  a person is entitled to refuse to answer questions in all instances except in two cases.  The instance relevant today is that a witness can waive Fifth Amendment protection by giving some information during questioning.  (The second instance applies when the witness is granted immunity.)  Lois Lerner appeared at Congress today to testify before the House Oversight and Government Reform Committee.  She is the woman who first disclosed the entire IRS scandal in answering a planted question at a bar association meeting.  Lerner made an opening statement professing her innocence, and then she refused to answer any questions on the ground of the Fifth Amendment.

So what does this mean?  Has Lerner avoided the need to answer these questions?  It surely does not look like it.  By making her opening statement, Lerner started providing information about the subject of the questioning.  A very good case could be made that by making that statement, Lerner waived the protections of the Fifth Amendment.  It will be up to a court to make that determination, but Lerner is taking a risky course.  Congress could hold her in contempt for her refusal to answer, and it could then seek her imprisonment.  Is Lerner willing to risk jail to avoid testifying?  Time will tell.

One thing is clear:  Lerner understands that what was done at the IRS was clearly illegal.  She understands that folks could go to prison for this stuff.  This is all explosive.