America IRS officials can enable the fifth amendment to the Constitution do?

Gong Xiaoxia, sub micro, if water

05.29.2013

American IRS

Washington- not long ago, American IRS officials in USA Congress IRS scandal hearings, enable the fifth amendment to the constitution refused to testify, thus making the relevant congressional investigation encounter obstacles. The following legal window program, we introduce and analyze the content and application of the fifth amendment to the constitution of the America.

Luoyisi • Lerner in the house of Representatives and supervision and the government reform committee (screenshot)

Recently, USA IRS before the 2012 election to extra scrutiny conservative organizations after the exposure of the scandal, the IRS oversight tax affairs person Luoyisi • Lerner (Lois Lerner) was summoned to the house of Representatives USA supervision and government reform committee. Because of the leadership of the Department in charge of examination and approval: all tax deductible organization, and many Americans are associated with one or more of a free group fabric, such as churches, charities, private educational institutions, therefore, this department can be said to a certain extent influence the direction of American society.

Lerner at the hearing began to read a prepared statement: "I didn't do anything wrong. I'm not breaking any laws. I didn't break any rules and regulations of the irs. I don't have to this or any other congressional committees to provide any false information. Although I am very willing to answer the committee's questions, but my lawyer advised me to exercise my constitutional rights, not related to the topic of the committee hearings, provide any testimony or answer questions."

Lerner opened the fifth amendment to the constitution.

"After careful consideration, I decided to follow the advice of counsel, today not to testify, nor answer any questions. Because I exercise my constitutional right to refuse to testify, I know people will assume that I did something wrong. No, I didn't. A basic function of the fifth amendment to the constitution is to protect the innocent, protection clause this is me today enabled."

Lerner said the fifth amendment to the constitution is a part of the "bill of rights". Provisions of the amendment, in any criminal case, no person shall be forced to testify against himself, more simply, a suspect has the right to remain silent. The amendment to ensure that no person shall by force or violence to obtain confessions.

The South Carolina Republican congressman Trey? (Gaudi.)

However, the South Carolina Republican congressman Trey? Gaudi (Trey Gowdy) opposed.

"She just has to testify, and give up the Constitution gives the fifth amendment privilege. You can't tell your reason, and not subject to cross examination. This clause is not so used. Her opening remarks, had to give up the fifth amendment to the Constitution gave her right, she should stand here to answer our question."

Congress Chairman of the house government reform committee supervision and Daryl Issa (screenshot)

Because the learner has repeatedly refused to testify, the president, Congress supervision and government reform committee California Republican congressman Daryl Issa (Darrell Issa) allowed her to leave, but whether in Lerner enabled the fifth amendment to the constitution of the proper procedures to consult with a lawyer, she may once again summoned to testify before congress.

After the hearing, congressman Gaudi said to the media, Congress may appeal court testimony to Congress, forcing the lerner.

Washington lawyer Stan brand (Stan Brand) during 1976 to 1983 served as legal adviser to the house. He does not think that a simple opening makes Lerner gave up the fifth amendment privilege.

Washington lawyer Stan brand

Brand said: "she did was to claim his innocence. She said, she was the exercise of constitutional rights, because she believes he is innocent, but the fifth amendment to protect the innocent, but also protection may bear the legal responsibility of the people. Lerner with a simple statement, the fifth amendment to the Constitution gave her the right to enable. I think, the current legal American will also found, she did not give up their privileges."

Brand lawyers pointed out, according to the Federal Supreme Court precedent, the Fifth Amendment applies both to the court, also apply to congress. Congress is only one way can go beyond the fifth amendment, that is, by the federal court decision: whether to retain the fifth amendment privilege. According to Brand introduced a lawyer, federal law allowed the grand jury or Congressional Committee requested a court order, in the premise of investigators has been exempted from any liability under his testimony.

Professor Alan Dershowitz of Harvard University School of law

Professor of Harvard University law school, the famous civil rights lawyer Alan Dershowitz (Alan Dershowitz) said that, although he was a supporter of President Obama, however, he thinks, Lerner at the hearing practice, that is, both claim that he was innocent, but also enable the Fifth Amendment privilege, is very dangerous and unwise.

Dershowitz said: "in the past few years America court also established a principle, that is, if you claim that he was innocent, and made sure the defend himself, your behavior is described as innocent, so, you cannot enable the fifth amendment to the constitution, but must take questions. So you decided to give up the right against self incrimination, in other words, you can't put the amendment as the sword, but also as a shield."

Dershowitz emphasizes, the fifth amendment to the Constitution gave citizens the right to remain silent, but not selectively to testify, and the right to freely decide to testify or not testify at what time.

USA congressional history has repeatedly appeared to enable the fifth amendment case.

Once among the "fortune" the world 500 strong USA energy supplier Enron Corp (Enron) for fraud, financial fraud and insider dealing, declared bankruptcy in 2001. In 2002, the late founder Kenneth ray (Kenneth Lay), former CFO Andy Fastow (Andy Fastow) and a former chief auditor David Duquesne (David Duncan), in order to protect their top executives, in congressional investigations enable the fifth amendment to the constitution of refusing to testify the company's hearing.

Kenneth Re: "my lawyer advised me under my constitutional right of refusing to give evidence."

Andy Fausto: "I accept the lawyer's advice, according to the America Constitution gave my protection, I respectfully declined to answer questions."

David Duquesne: "I accept the lawyer's advice, according to the American Constitution gave my protection, I respectfully declined to answer questions."

However, these executives although escaped in testimony to Congress, and finally did not escape the legal sanction. They have in 2006 by a federal court convicted of fraud.

In 2009, President Obama held for India's prime minister Singer of the banquet, a pair is not in the list of the Virginia couple through security, into the White House's banquet, talking with officials including President Obama group photo, then put the photos posted on his facebook. The house Homeland Security Committee hearing, Mr. and Mrs. Salahi adopted their counsel, enable the fifth amendment to the constitution of refusing to testify.

Tariq Salahi (Tareq Salahi) said: "according to the lawyer's advice, we intend to exercise our constitutional right to remain silent, in the Committee subpoenaed to testify the case refused to answer any questions."

In 2012, the new England compound medicine center co-founder Barry Carden (Barry Cadden) in order to avoid the proof, in the house energy and Commerce Committee on fungal meningitis event held hearings, also enabled the fifth amendment to the constitution. Steroids sales of the company because of the fungi pollution, lead to the more than 400 people suffering from meningitis, in which 32 people died. The company to recall all the transmission products, in the same year, closing and bankruptcy.

Barry Carden said: "I take counsel, on the basis of constitutional rights and privileges, including the fifth amendment to the constitution, I respectfully declined to answer questions."

Back in USA tax bureau, it is one of the most powerful America government institutions, but also the relation between life and ordinary people the most close to the body, except for the federal government to collect taxes, it is also responsible for non governmental organizations of duty-free qualification. According to the America law, has several kinds of "specialized in promoting social welfare" institutions do not pay income tax, for example, charity and education etc..

The law also provides, the IRS and other government agencies completely not allowed to intervene political activities, in order to avoid those parties to one, in the review of tax exempt status, for various political organizations must make no exception. However, since 2010 March, the IRS is devoted to the strict censorship on the tea party, a conservative tendency of organization.

The IRS after the exposure of the scandal, the media, the White House chief of staff and some senior officials in 2011 that the IRS practice, as to whether they told President Obama or vice president mentioned, now unable to confirm. However, Congress from the record found, have already departed former director of the national Schuhmann went 180 times to the White House, and the president have very close relationship, and it was during this period, Schuhmann was member of Parliament questioned 120 times about the IRS accused the conservative groups of discrimination.

Recently, the congressional oversight and government reform committee will Schuhmann questioned more than four hours, although Schuhmann did not remain silent, but cling to one's view never with the President talked about this case. Later, supervision and tax affairs person Le Lerner enabled the fifth amendment to refuse to testify, the IRS scandals add another layer of theatrical fog, also reminds people of another hearing is exactly forty years ago. In 1973 May, the Senate Watergate committee investigation has begun hearing the hacking, eventually led to the resignation of President Nixon in nearly a year later, and the investigation and hearing the IRS scandal has just begun.