administrative leave

Lerner to be Recalled to Committee, Placed on Administrative Leave

Lois Lerner

Rep. Darrell Issa (R-CA), chairman of the House Oversight and Government Reform Committee, announced that he would recall Lois Lerner, the embattled director of the IRS’s Tax Exempt Division, to testify on the agency’s discrimination of Tea Party and conservative groups.

Lerner appeared before the committee on Wednesday, but invoked her Fifth Amendment right not to incriminate herself. But before doing so, Lerner made an opening statement in which she declared herself innocent of any wrong-doing. Issa believes that Lerner waived her rights with her opening statement:

Issa said Thursday he had concluded that Lerner waived her rights against self-incrimination when she invoked her Fifth Amendment rights at a Wednesday hearing.

Lerner, who runs an IRS division that oversees tax-exempt groups, defended her actions in an opening statement before invoking the Fifth, and Republicans say that meant she had waived her privileges against self-incrimination.
“After consulting with counsel, Chairman Issa has concluded that Ms. Lerner’s 5th Amendment assertion is no longer valid,” Ali Ahmad, a spokesman for Issa, said in a statement Thursday. “She remains under subpoena, the Committee is looking at recalling her for testimony.”

Issa recessed – rather than adjourned – Wednesday’s hearing, which keeps Lerner under the original subpoena.

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