Sunday, May 26, 2013

A Fifth of Obama

You can always rely on the administration of Barack Obama, a former constitutional-law lecturer (or as his résumé-inflating fans put it, “professor”), to do the sleazy thing when it comes to the Constitution the president is sworn to defend. Thus, the performance on Wednesday of Lois Lerner, chief of the Obama IRS’s Conservative Harassment Division, before the House oversight committee.
There’s an old scam criminal defendants occasionally pull. They give a bit of exculpatory direct testimony – just enough to gaze plaintively at the jurors and swear, cross-their-hearts, that they are pure as the driven snow. Then, just as the moment of submitting to cross-examination approaches, they announce that, even though they’re really, truly innocent, they just can’t answer the mean prosecutor’s questions – on advice of counsel, of course, in reliance on the Fifth Amendment……Everyone familiar with this area of the law knows that this is contemptuous conduct. To testify, by definition, is to agree to submit to cross-examination. Once you begin to answer questions – i.e., to testify – you waive your right not to testify – i.e., not to answer questions.…..To Read More….

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