Behind closed doors.
Now her attorney, William W. Taylor III, is asking for the opportunity to defend her in front of Congress before the vote is taken. Taylor is arguing it would be unfair and "un-American" to hold Lerner in contempt.
Contempt vote could come as early as next week.
Six months ago, Chairman of the House Oversight Committee Darrell Issa subpoenaed the emails of former head of IRS Tax Exempt Organization Lois Lerner.
Appearing in front of the House Oversight Committee Wednesday morning Lois Lerner, former head of tax exempt groups at the IRS, refused to answer questions asked by lawmakers by pleading the Fifth Amendment.
The emails also show an agreement to testify came without a guarantee of immunity. What isn't clear in the email exchange is whether Taylor agreed Lerner would testify in front of a public hearing or to the Committee behind closed doors as part of a deposition.
Late Monday night, U.S. District Court Judge Amy Berman Jackson denied a Department of Justice request to ?dismiss a lawsuit filed by the House Oversight Committee last summer over Operation Fast and Furious documents.