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  1. #1
    Join Date
    May 2014

    Default Waiver of Fifth Amendment Rights

    My question involves criminal law for the state of: any

    The recent congressional hearings on the IRS scandal has brought up the question of fifth amendment protection during subpoenaed testimony. If you recall Lois Lerner gave an opening statement proclaiming her innocence of wrongdoing then, under questioning, invoked her fifth amendment right to refuse to answer further questions.

    The committee's position is that once she gave testimony in the form of a statement she waived any further rights to testimonial protection under the fifth. What is this based on? I know of no procedural qualifier that has the effect of "all or nothing". Why can't a testifier answer any number of questions and invoke fifth amendment privilege on any question he believes tends to incriminate...AT HIS DETERMINATION.

    Can someone point me to procedural code that covers this?


  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Waiver of Fifth Amendment Rights

    No, because there isn't one. Further, you're talking about a congressional hearing, not a criminal trial.

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