A House hearing on the IRS targeting scandal rapidly broke down into a
heated and deeply personal
argument between a top Democrat and
Republican, moments after former IRS official Lois Lerner once again
invoked her Fifth Amendment right not to testify.
Lerner, who last year refused to answer questions about her role in
singling out Tea Party and other conservative groups for extra scrutiny
when they applied for tax-exempt status, was called back before the
House Oversight and Government Reform Committee on Wednesday. Though
Republicans argue she waived her Fifth Amendment right by giving a
statement during the last hearing, Lerner continued to invoke that right
on Wednesday.
"On the advice of my counsel, I respectfully exercise my Fifth
Amendment right and decline to answer that question," she said in
response to several questions.
But ranking Democratic Rep. Elijah Cummings, D-Md., got into a heated
argument with Chairman Darrell Issa, R-Calif., after Issa tried to
adjourn the hearing.
Issa at first stood up and prepared to leave as Cummings said he
wanted to ask a "procedural question." In seconds, tensions flared.
"Mr. Chairman, you cannot run a committee like this," Cummings appealed.
Cummings' microphone was then turned off, and then flipped back on
again. Issa sat down momentarily, but then abruptly told Lerner she was
"released" and said: "We're adjourned, close it down."
Cummings, his microphone again turned off, continued to shout, complaining about the Republicans' "one-sided investigation."
"I am a member of the Congress of the United States. I am tired of this," he shouted.
The clash bared long-running tensions between the Democratic and GOP members of the committee over the IRS probe.
Lerner headed the IRS division that improperly targeted Tea Party and
other conservative groups. After publicly disclosing the targeting,
Lerner refused to answer questions about it at a congressional hearing
last year. Lerner then resigned from her post as the agency’s director
of tax-exempt organizations.
Issa and Lerner’s attorneys have argued about whether she is now
still protected from having to testify under the Fifth Amendment. Emails revealed an attorney for Lerner negotiated over whether she would testify.
Issa claimed Wednesday that Lerner's testimony remains critical.
"Ms. Lerner is uniquely positioned to provide testimony that will
help the committee better understand how and why the IRS targeted
conservative groups," he said.
Issa warned that the committee may consider whether to hold her in
contempt if she continues to stay silent. House Speaker John Boehner
later made the same threat.
Last week, Lerner lawyer William Taylor made public a letter in which
he told the committee that Lerner would testify on Capitol Hill only if
compelled by a federal court or if given immunity for the testimony.
He was responding to a letter from Issa saying, in part, that
Lerner’s testimony remains "critical to the committee’s investigation."
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