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Thread: House says IRS official waived rights, contempt possible

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    House says IRS official waived rights, contempt possible

    Quote Originally Posted by jonny5 View Post
    Again, where in the 5th amendment does it say that once you waive it, you cant unwaive it. They can ask her all the questions they want. They cant compel her to answer, EVER. Of course, the US govt can then try and charge her, if they don't agree, then we can let the court decide. Congress is not a court.
    If she waives the 5th and refuses to answer further questions, she gets hit with contempt of court but you're right. They can't waterboard her to make her talk.
    You can't reason anyone out of a position they didn't reason themselves into in the first place.

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    Re: House says IRS official waived rights, contempt possible

    Quote Originally Posted by AlabamaPaul View Post
    Yes, but that's not what occurred...
    Right. And I don't think the government should punish someone before that whole "due process" thing. Like, ever.
    He touched her over her bra and underpants, she says, and guided her hand to touch him over his underwear
    Quote Originally Posted by Lutherf View Post
    We’ll say what? Something like “nothing happened” ... Yeah, we might say something like that.

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    Re: House says IRS official waived rights, contempt possible

    Quote Originally Posted by jonny5 View Post
    Again, where in the 5th amendment does it say that once you waive it, you cant unwaive it. They can ask her all the questions they want. They cant compel her to answer, EVER. Of course, the US govt can then try and charge her, if they don't agree, then we can let the court decide. Congress is not a court.
    Wavier (as set out by Supreme Court): a voluntary and intentional relinquishment of a known right. Waiver can be explicit (express waiver) or implicit (implied waiver). An express waiver requires a writing or a statement of waiver. An implied waiver can occur simply by some action, where such action indicates one’s intention to waive the rights. The act for an implied waiver must unequivocally indicate the desire to waive one’s rights. Rosenthal v. New York Life Ins. Co., 99 F.2d 578 (8th Cir. 1938)

    "The record must show, or there must be an allegation and evidence which show, that an accused was offered counsel but intelligently and understandingly rejected the offer. Anything less is not a waiver."

    Carnley v. Cochran, 369 U.S. 506, 516 (1962)

    When she made a statement implicitly waived her right.
    Every normal man must be tempted at times to spit on his hands, hoist the black flag, and begin to slit throats. It is inaccurate to say that I hate everything. I am strongly in favor of common sense, common honesty, and common decency. This makes me forever ineligible for public office. H.L Mencken

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    Re: House says IRS official waived rights, contempt possible

    Quote Originally Posted by j-mac View Post
    Isn't it amazing that I had to go to Drudge to find the link to this story....Anyway, good! Now get this lying progressive back in front of congress, and get her to start talking....

    Immunity may be the only path to this, but we can see that even the progressive liberals on the committee panel are going to run cover for this corruption.

    Let's get the truth for a change.
    The Republicans on the house committee voted that she waived her right to the 5th. It's not a legal opinion of any kind. They could have also voted that she has blue hair, with essentially the same effect.

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    Re: House says IRS official waived rights, contempt possible

    Quote Originally Posted by windowdressing View Post
    I doubt that they'll go after her, but who knows with these GOP clowns ... they want to be able to show something for all of their troubles ... turns out the IRS was looking at liberal organizations as well .... hmmmmmm ... it's about time the IRS cracks down on primarily political organizations pretending they're not -- left or right ....
    yeah, that's the left's new argument for trying to downplay the IRS scandal. But the argument falls flat when you know all the facts. liberal organizations were "looked at", but not ONE was ever investigated and pursued. ONLY right wing organizations were investigated and held up to scrutiny.

    If I'm incorrect name me ONE liberal organization that has come forward and said they were unfairly investigated. You can't because there isn't one.

    so give up on that BS argument

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    Re: House says IRS official waived rights, contempt possible

    Quote Originally Posted by Mithros View Post
    The Republicans on the house committee voted that she waived her right to the 5th. It's not a legal opinion of any kind. They could have also voted that she has blue hair, with essentially the same effect.
    It certainly is a legal opinion, and quite a well know legal opinion.

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    Re: House says IRS official waived rights, contempt possible

    Quote Originally Posted by Deuce View Post
    The idea that there can be a "no backsies" on the 5th amendment is goddamned stupid.
    You can't say, under oath, that there has been no wrong doing, then invoke the 5th Amendment. There's a lie there, somewhere.
    Quote Originally Posted by Top Cat View Post
    At least Bill saved his transgressions for grown women. Not suggesting what he did was OK. But he didn't chase 14 year olds.

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    Re: House says IRS official waived rights, contempt possible

    Quote Originally Posted by apdst View Post
    You can't say, under oath, that there has been no wrong doing, then invoke the 5th Amendment. There's a lie there, somewhere.
    I didn't read anything in the constitution about the 5th amendment being waived when someone in the government thinks you are lying.
    He touched her over her bra and underpants, she says, and guided her hand to touch him over his underwear
    Quote Originally Posted by Lutherf View Post
    We’ll say what? Something like “nothing happened” ... Yeah, we might say something like that.

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    Re: House says IRS official waived rights, contempt possible

    Quote Originally Posted by apdst View Post
    You can't say, under oath, that there has been no wrong doing, then invoke the 5th Amendment. There's a lie there, somewhere.
    Talk about a witch hunt. You obviously don't understand the 5th amendment. She was threatened with criminal prosecution. Of course she can deny the charges and refuse to answer questions from those House clowns. That in in no way indicates guilt unless you are in a Police State. This is America.
    Last edited by iguanaman; 06-30-13 at 02:40 AM.

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    Re: House says IRS official waived rights, contempt possible

    Quote Originally Posted by JoeTrumps View Post
    yeah, that's the left's new argument for trying to downplay the IRS scandal. But the argument falls flat when you know all the facts. liberal organizations were "looked at", but not ONE was ever investigated and pursued. ONLY right wing organizations were investigated and held up to scrutiny.

    If I'm incorrect name me ONE liberal organization that has come forward and said they were unfairly investigated. You can't because there isn't one.

    so give up on that BS argument
    LOL ... Your measure is whether an organization believed it was unfairly targeted? Really? In any event, read my post again ... I'm making light of it (in part because you have Grand Theft Auto Issa heading the investigation -- get serious) and my statement is correct, but it does appear that con organizations may have received extra scrutiny ... we'll see how all this shakes out, but I'm willing to wager that con organizations are more likely to be in violation of their status ... but you guys aren't really concerned about the IRS doing what it did as much as you are trying to tie it to Obama, with little success ... the problem isn't anyone downplaying it (it shouldn't be downplayed) ... the problem is Issa trying to do what he can to pin something, ANYTHING, on Obama ... so give up on that BS argument ...

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