“Pardon me: if you accept the proposition that the government targets organizations for IRS scrutiny because of their political views, and you still say things like ‘why take the Fifth if you have nothing to hide’, then you’re either an idiot or a dishonest partisan hack.”

—-Attorney-blogger Ken White, discussing former IRS official Lois Lerner’s refusal to testify in front of Rep. Daryl Issa’s House Government Oversight Committee

Good point.

Elaborating on the point before this statement, Ken points out why this is so:

“You take the Fifth because the government can’t be trusted. You take the Fifth because what the truth is, and what the government thinks the truth is, are two very different things. You take the Fifth because even if you didn’t do anything wrong your statements can be used as building blocks in dishonest, or malicious, or politically motivated prosecutions against you. You take the Fifth because if you answer questions truthfully the government may still decide you are lying and prosecute you for lying.”

Got it. Or, you take the Fifth because you really did engage in illegal activity in a coordinated effort to obstruct legal political action for partisan motives, on orders from someone with close ties to the White House, which still may be the case.

In the same post, Ken explains that Lerner may have waived her Fifth Amendment right against self-incrimination, or may not. If she has, then she is in contempt of Congress. If she hasn’t, she isn’t.

My observations on this slow-motion ethics train wreck: Continue reading →