In response to:

Limited Immunity: The Smart Way to Go

Andrew292 Wrote: May 22, 2013 4:41 PM
I think if we start looking at the bigger picture, that it becomes clear that a lot of high up administration officials knew this was comming for a long time. Remember those absolutely insane ammo purchases by DHS and the TREASURY Dept? Particular the IRS security people? All of the trainings against "Right Wing White Terrorists". Uh Huh! They have been expecting and planning for a Tea Party Revolt over this. They have been drilling for it. So somebody please ask the question, when did Janet Napolitiano know? And why did DHS, Justice and Treasury choose to hunker down, arm themselves and point the guns at the American people rather than investigating and arresting the IRS?

It was wrong-headed to allow Lois Lerner to appear before Government Oversight Committee, made a self-serving statement, invoke the Fifth Amendment once and then withdraw in wounded, arrogant triumph.

But the idea that she can now be forced to answer questions -- on the theory that her statement constituted a waiver of her Fifth Amendment rights -- is, unfortunately in this case, not viable.

First of all, as a legal matter, Fifth Amendment waivers have to be knowing, intelligent and voluntary.  What's more, a witness can actually begin answering questions, and then invoke the Fifth. So it's hard to see how...