You’d think she killed somebody.
Lois Lerner, who on Wednesday invoked her right against self-incrimination, is being attacked, by nearly everyone in the country who knows who she is, for her role in the IRS v. Tea Party “scandal,” which, of course, isn’t quite a scandal yet, but Republicans keep trying. Some of the most vicious attacks are coming from Constitution-loving right-wingers, who can’t believe Lerner would actually use something other than the Second Amendment to protect herself.
MSNBC’s conservative gabber, S.E. Cupp, who provides a damn good reason not to watch that network’s afternoon show “The Cycle,” took to tweetin’ yesterday to say,
So, Lois Lerner is either a coward or a criminal, right? Tell me where I’m wrong.
Apparently, S.E. Cupp studied the Constitution at the Rush Limbaugh School of Law, which ought to be enough right there to tell her where she’s wrong.
And speaking of Professor Limbaugh, he said about Ms. Lerner:
Okay, let me tell you what happened today at the IRS hearings. Lois Lerner, who ran the whole kit and caboodle and was… By the way, this was the first time I had a close-up look at her. This is an angry woman. You have to be very careful in making judgments about people based on physical appearance, although I’ve gotten really good at it. I can spot people out there and I can tell you who the libs are pretty much by just what I see. But, in this case, I already know that she is.
I already know that she’s a liberal, I know that she is in the same mode as Barack Obama, and now I know this is a woman who’s angry…This is a woman obsessed with the Christian right, Lois Lerner. This is a woman obsessed with religious people.
Okay. So, from two popular conservative commentators (there are a thousand more to choose from) we know that Lerner, by refusing to testify, is an angry, Jesus-hating woman who is either a criminal or a coward. All because she dared to avail herself of a constitutional right. Hmm.
The honcho of the Republican National Committee, the insufferable Reince Priebus, himself issued a Tweet regarding his discussion with Sean Hannity about this mess:
…it’s lawlessness and guerrilla warfare and Obama is in the middle of it.
Yikes! Obama is a gorilla, uh, guerrilla!
In any case, Priebus, appearing on Morning Joe today, commented on Lois Lerner’s right-invoking committee appearance:
You don’t need to plead the Fifth if you have done nothing wrong…
Obviously, Priebus also attended Rush Limbaugh’s law school. Even though he was aggressively challenged by Morning Joe regular John Heilemann, Priebus didn’t back down. In Priebus’ strange and disordered mind, pleading the Fifth is tantamount to an admission of guilt, don’t you know. Damn those Founders!
But right-wingers aren’t the only ones saying such stupid things. This morning on Morning Joe, which prejudicially carried a graphic characterizing Lerner’s brief statement as “defiant,” I heard Andy Serwer, managing editor of Fortune magazine, for God’s sake, say this:
What an unsympathetic position. We just saw her pleading the Fifth. This is something that mafia chieftains do in front of Congress, not public officials, not someone from the IRS. Obviously everyone just wants to know the real story, we want her to come clean. How bad could it be? I’m sorry, “You need to tell what’s going on here,” and, you know, to just do otherwise is just ridiculous, and the IRS is just going to continue to be a piñata. And obviously is not’s just right-wing groups who are upset with this, but every American citizen should be upset with this.
Mafia chieftain? Wow. So much for presumed innocence. I remind you that the man who said that is a, gulp, journalist.
Well, I may be the only one in the world who has sympathy for this woman, but I can’t help it. I still happen to believe in the noble and once-American concept of innocent-until-proven-guilty. And I really do believe in the Constitution, which also includes the Fifth Amendment’s right to remain silent should someone try to compel any person “to be a witness against himself.”
Republican legislators, who, like all Tea Party-drunk conservatives, claim to love, cherish, and lustily sleep with the Constitution, were upset on Wednesday when Ms. Lerner invoked her Fifth Amendment right just after she made a plea of innocence and after Darrell Issa, headhunting chairman of the House’s Oversight and Government Reform Committee, talked her into authenticating a document.
I watched as Trey Gowdy, a former federal prosecutor who now represents right-wing folks in South Carolina’s 4th congressional district, forgot that he was not in a federal courtroom but at a congressional hearing and insisted that Lerner “ought to stand here and answer our questions.” Uh, she was actually sitting at the time, but then, hey, maybe being a former prosecutor and current zealot entitles one to demand that witnesses stand during the inquisition. Heck, why not go the whole way and roll out the rack? Bones cracking would make good TV.
But that’s beside the point. Gowdy said of Lerner,
You don’t get to tell your side of the story and not be subject to cross-examination.
Whoa, cowboy. Settle down there. (Some folks in the gallery were applauding at Gowdy’s prosecutorial grandstanding, and Issa did nothing to stop them, by the way.) Lerner didn’t actually tell her side of the story. There’s a lot of story to tell, if she ever tells it, and she didn’t even come close with these words:
I have not done anything wrong. I have not broken any laws. I have not violated any IRS rules or regulations, and I have not provided false information to this or any other congressional committee. And while I would very much like to answer the committee’s questions today, I’ve been advised by my counsel to assert my constitutional right not to testify or answer questions related to the subject matter of this hearing.
After very careful consideration, I’ve decided to follow my counsel’s advice and not testify or answer any of the questions today. Because I’m asserting my right not to testify, I know that some people will assume that I’ve done something wrong. I have not. One of the basic functions of the Fifth Amendment is to protect innocent individuals, and that is the protection I’m invoking today.
After initially and correctly telling everyone that they should respect Lerner’s Fifth Amendment right without prejudging her, Issa later put on his big-boy Tea Party pants and now agrees with Gowdy and others who believe she lost her constitutional right not to incriminate herself. He’s going to call her back to appear again. Whoopee! More good cable TV to come! Maybe next time they really will crack her bones!
As with so many things in this litigious world of ours, there are at least two sides of this Fifth Amendment “controversy.” There are those lawyers who think she did not waive her Fifth Amendment right against self-incrimination by offering a brief statement of her innocence. Of course, those lawyers did not attend the Rush Limbaugh School of Law, so what do they know?
And, of course, as Reince Priebus indicated, this all comes back to President Obama. Conservative Republican Joe Scarborough said on MSNBC this morning,
Why is the president allowing this to go on? This IRS story is another great example of just sheer incompetence at the White House to get their story out in a clean, effective way…
Yes, the Prez should simply strip Ms. Lerner of her constitutional rights, force her to tell Darrell Issa what he wants to hear, and then impeach himself after it’s all done. That, and only that, will satisfy the mob.
Finally, the truth in all this just may be found in a little article on The Daily Beast published today. The story quotes a man who used to hold the same position Lois Lerner now holds:
“It was inevitable something was going to happen,” said Marcus Owens, who served as director of the IRS Exempt Organizations Division from 1990 until he retired in 2000. That was the same year that the 1998 IRS Restructuring and Reform Act was implemented, ushering in, he said, a culture of disorganization and miscommunication.
“Virtually all IRS executive positions were re-aligned and re-evaluated and a lot of field offices positions were eliminated. The channels of communication between field offices and the Washington headquarters were muddied,” Owens said. “Instead of having clear, hierarchical oversight, Cincinnati was given the responsibility to handle things that would normally be handled by the better-equipped Washington office.”
He went on to say,
“This is a case of funding problems and management problems. Everyone is thinking that the IRS was hunting down conservative organizations with bloodhounds or something when what they were really doing was opening the morning’s mail… The IRS is really a collection agency for the government. Tax returns that generate revenue must be accurate, but those that don’t generate revenue receive less attention,” he said. “That’s just the way it is.”
I doubt very much if we hear a lot from Marcus Owens or hear a lot about the IRS Restructuring and Reform Act of 1998. But we should. (By the way, only two U.S. Senators voted against that bill, including that great progressive, the late Paul Wellstone, so that ought to tell us something.) The likelihood that we won’t hear much about Owens or that 1998 law tells us something very important about the state of journalism these days, perhaps something more important than a prominent journalist going on TV and comparing a Fifth Amendment-invoking IRS employee to a “mafia chieftain.”