Issa: IRS' Lerner Waived Fifth Amendment Right, Likely to be Recalled

House Oversight and Government Reform Committee Chairman Darrell Issa (R-Calif.) says Lois Lerner, the head of the IRS' tax exempt organizations division, waived her right to refuse to answer committee questions.

Issa said Thursday that he plans to recall her for questioning.

"After consulting with counsel, Chairman Issa has concluded that Ms. Lerner’s 5th amendment assertion is no longer valid," Issa spokesman Ali Ahmad said. "She remains under subpoena, the committee is looking at recalling her for testimony."

Lerner invoked her constitutional right against self-incrimination at the committee's hearing Wednesday on the IRS' scrutiny of conservative groups.

But first she read a statement denying wrongdoing. She also answered one question from the committee; She confirmed that a set of written answers to the Treasury Inspector General for Tax Administration were hers.

Issa and other committee Republicans argued that in doing so, Lerner waived her right to invoked the Fifth Amendment. Issa yesterday did not adjourn the panel's hearing, saying he would consult with counsel about recalling Lerner.

dfriedman@nydailynews.com
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