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gatorrocks
Florida Fan
Lake Mary, FL
Member since Oct 2007
10138 posts

Lerner lost her rights!



udtiger
LSU Fan
Louisiana
Member since Nov 2006
30315 posts

re: Lerner lost her rights!
Rex says no.



Decatur
LSU Fan
Member since Mar 2007
18125 posts

re: Lerner lost her rights!
quote:

Had this been an actual criminal trial, in an actual courtroom, and had Lerner been an actual defendant, then yes, it would not have been permissible for her to testify in her own defense and then refuse cross-examination on Fifth Amendment grounds. But a congressional hearing is not a criminal trial in two important ways, Duane tells Daily Intelligencer.

First, unlike in a trial, where she could choose to take the stand or not, Lerner had no choice but to appear before the committee. Second, in a trial there would be a justifiable concern about compromising a judge or jury by providing them with "selective, partial presentation of the facts." But Congress is merely pursuing information as part of an investigation, not making a definitive ruling on Lerner's guilt or innocence.

"When somebody is in this situation," says Duane, a Harvard Law graduate whose 2008 lecture on invoking the Fifth Amendment with police has been viewed on YouTube nearly 2.5 million times, "when they are involuntarily summoned before grand jury or before legislative body, it is well settled that they have a right to make a 'selective invocation,' as it's called, with respect to questions that they think might raise a meaningful risk of incriminating themselves."

In fact, Duane says, "even if Ms. Lerner had given answers to a few questions — five, ten, twenty questions — before she decided, 'That's where I draw the line, I'm not answering any more questions,' she would be able to do that as well." Such uses of selective invocation "happen all the time."


LINK


gatorrocks
Florida Fan
Lake Mary, FL
Member since Oct 2007
10138 posts

re: Lerner lost her rights!
quote:

Decatur

Thanks for posting. But that is their opinion. Issa obviously has consulted with their legal team and deemed it appropriate to bring her back.

Not sure if they can, but the popcorn will be ready.


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udtiger
LSU Fan
Louisiana
Member since Nov 2006
30315 posts

re: Lerner lost her rights!
quote:

Such uses of selective invocation "happen all the time."


Yep...when not under oath during a police interview/interrogation.

Where this is different is:

1) she was under subpoena;
2) she was under oath.

quote:

This ruling by no means leaves a congressional committee defenseless at the hands of a scheming witness intent on deception. When a witness declines to answer a question because of constitutional objections and the language used is not free from doubt, the way is always open for the committee to inquire into the nature of the claim before making a ruling. If the witness unequivocally and intelligently waives any objection based on the Self-Incrimination Clause, or if the witness refuses a committee request to state whether he relies on the Self-Incrimination Clause, he cannot later invoke its protection in a prosecution for contempt for refusing to answer that question.

Quinn v. U.S., 349 U.S. 155, 164-165 (1955), emphasis added


CptBengal
USA Fan
BR Baby
Member since Dec 2007
46325 posts

re: Lerner lost her rights!
quote:

Duane tells Daily Intelligencer.


well if Duane says so....


Choctaw
Navy Fan
Pumpin' Sunshine
Member since Jul 2007
58971 posts

re: Lerner lost her rights!
Rex was barking alot of noise in the other thread


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oklahogjr
Arizona State Fan
Gold Membership
Member since Jan 2010
22248 posts

re: Lerner lost her rights!
She should testify or be fired. End of story. If she did something illegal plead the fifth make them prove it and don't testify.


I do believe there is precedent for this which means she's about to have to speak up.


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gatorrocks
Florida Fan
Lake Mary, FL
Member since Oct 2007
10138 posts

re: Lerner lost her rights!
Not saying this is going to happen but imagine if she's forced to spill the beans because of the screw up? Yikes! She might be droned.


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BeeFense5
New Orleans Pelicans Fan
Kenner
Member since Jul 2010
19973 posts

re: Lerner lost her rights!
Why is Decatur against her testifying?

I can see partisan hackery but what is the end game for libs not wanting the truth?


gatorrocks
Florida Fan
Lake Mary, FL
Member since Oct 2007
10138 posts

re: Lerner lost her rights!
quote:

libs not wanting the truth

No one wants the truth when it's potentially damaging to your own party.


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A2
Southern Cal Fan
NoVa
Member since Nov 2012
1425 posts

re: Lerner lost her rights!
WOW!

Nothing will come of this.


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BBONDS25
LSU Fan
Member since Mar 2008
18243 posts

re: Lerner lost her rights!
Mwhy would you not want her to testify? Do you have any interest in the truth? Or is it better to you for it to be covered up if it hurts your "side"? If it is the latter, it is pathetic. So...decatur...do you want her to answer the questions, or not?


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Eighteen
LSU Fan
Member since Dec 2006
17328 posts

re: Lerner lost her rights!
quote:

Why is Decatur against her testifying?

I can see partisan hackery but what is the end game for libs not wanting the truth?


He will argue against anything on this board...he gets off to playing devil's advocate/stirring up shite
This post was edited on 5/22 at 3:03 pm


GeauxxxTigers23
USA Fan
TeamBunt General Manager
Member since Apr 2013
31363 posts

re: Lerner lost her rights!
quote:

Why is Decatur against her testifying?


He didn't say that. He's just posting some dude's opinion on whether or not she can be forced to.


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Choctaw
Navy Fan
Pumpin' Sunshine
Member since Jul 2007
58971 posts

re: Lerner lost her rights!


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Decatur
LSU Fan
Member since Mar 2007
18125 posts

re: Lerner lost her rights!
quote:

Why is Decatur against her testifying?


I never made that claim

Honestly I don't even know what all she is supposed to testify about...really haven't had the time to follow this closely. Just trying to clarify things here.


TrueTiger
North Texas Fan
Chicken's most valuable
Member since Sep 2004
15334 posts

re: Lerner lost her rights!
If they contempt her, they would then have to worry about headlines
proclaiming how the mean republicans are "beating up the girl"


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Choctaw
Navy Fan
Pumpin' Sunshine
Member since Jul 2007
58971 posts

re: Lerner lost her rights!
quote:

Just trying to stir shite up here.


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Dr. 3
LSU Fan
Member since Mar 2005
11012 posts

re: Lerner lost her rights!
She was compelled by subpoena to show up, not to give a statement regarding her innocence.

The attorneys are mental for even allowing that clam to even getting opened.


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