Lois Lerner: Still taking the 5th?
Invocation of the Fifth Amendment protection against self-incrimination by innocent versus guilty parties has been much discussed lately, and Jazz Shaw reminds us that the Founders "wanted to make sure that the individual who was innocent could not be railroaded by the massive power of the government." [http://hotair.com/archives/2013/05/25/regarding-lois-lerner-who-does-the-bill-of-rights-protect/]Bang, zoom. Right on target. I have not seen this distinction between the rights of private citizens and public agents discussed in terms of Lois Lerner and her Fifth Amendment claim. The source I found that supports my opinion is from a book of popular fiction published a century ago. Is my opinion a century out of date, or does Uncle Abner"s teaching still apply?Darrell Issa | Lois Lerner | attorney | testify"The authority of the law," he says, "is in the hands of the electors of this county. Will they stand up"?I recently came across an old collection of mystery stories anthologized in 1929. One story, first published in 1916, makes my point most effectively. "Naboth"s Vineyard" is a gripping tale of a murder trial by Melville Davisson Post, and it has been ranked among the top ten crime stories. The principle that government officials are accountable to We the People is a key point in the story. I want to quote several passages here, as I believe LI writers will instantly understand their applicability to Lois Lerner and her ilk. (I don"t know how to set block quotes in a comment, so I have marked the beginning and end of each quoted extract with asterisks. The final quote is my message to Lerner, if you would prefer to skip ahead.) The story opens as follows:***************"We are not concerned," he said, "at this moment with your rights as a citizen; the rights of private citizenship are http://professionalwebdesignca.blog.com/2014/02/05/outdoor-weddings-a%c2%80%c2%93-outdoor-wedding-planning-a%c2%80%c2%93-outdoor-wedding-ideas/ inviolate, and affordable wedding venues in colorado they remain to you, when you return to it. But you are not a private citizen. You are our agent. We have selected you to administer the law for us, and your right to act has been challenged. Well, as the authority behind you, we appear and would know the reason."http://legalinsurrection.com/2014/03/lois-lerner-still-taking-the-5th/The narrator (Uncle Abner"s nephew) then names each of the men and describes their various positions in the town, truly a cross-section of local society. The Judge erupts in fury, proclaims himself to be the representative of the law, and commands the sheriff to clear the court. The sheriff refuses, demonstrating an understanding of the relationship between the people and the state that few Americans today would recognize:Lois Lerner IS government, and in her capacity as a government official she violated the rights of Americans. The Congressional hearings into IRS harassment of conservative groups are supposed to be seeking information about government violations of the inalienable rights of its citizens.At the end of the trial and just before the jury begins their deliberations, the defendant is facing certain conviction for murder. His sweetheart arises in court and confesses that she is the murderer, making a convincing case that clears the man. These two innocent parties have each sacrificed themselves to protect the other. However, Uncle Abner (the hero of 22 Post stories) has discovered that the real killer is actually the judge who is hearing the murder trial. Uncle Abner stands up in the courtroom and calls for the judge to step down from the bench and for the people in the courtroom to stand up and demonstrate their lawful authority:http://tinyurl.com/qh2x5agWhether Lois Lerner is an innocent or a guilty party invoking the Fifth Amendment is not a relevant question at all. She IS the massive power of the government who was railroading the rights of innocent Americans. I don"t believe that any government official should be able to twist out of having to account for violating the rights of the American people by claiming to be an innocent party who is entitled to Fifth Amendment protection. The Bill of Rights, including the Fifth Amendment, belongs to us, not to government, and it protects private citizens from government apparatchiks like Lois Lerner and her fellow tyrants. How dare she lay claim to OUR right as a means of protecting government (herself) from being held accountable for violating our rights?When a government official, Lerner in this case, is questioned about what she did in her official role against the American people, how can she hide behind the Fifth Amendment right that protects citizens from government abuse? She is the abuser the Founders warned us about. *****Post"s book "Uncle Abner: Master of Mysteries," which includes 18 stories, can be read online at Google Books. The following link will take you to Naboth"s Vineyard, which is the final story in the book:**********Moving forward in the story a bit, we come to the key statement that I want to share with you. The oldest man in town speaks directly to the judge, who has challenged the right of the people to hold him to account. This is what I believe we should all, boldly and without compromise, say to all the Lois Lerners who have packed our government offices, every bureaucrat who abuses our freedoms, every elected official who turns to tyranny of any degree, every law enforcement officer who treats us with contempt -- everyone on the public payroll who claims a right to be unaccountable to us, whether by hiding behind sovereign immunity or the Fifth Amendment:"One hears a good deal about the sovereignty of the people in this republic; and many persons imagine it a sort of fiction, and wonder where it lies, who are the guardians of it, and how they would exercise it if the forms and agents of the law were removed. I am not one of those who speculate upon this mystery, for I have seen its primal ultimate authority naked at its work. And, having seen it, I know how mighty and how dread a thing it is. And I know where it lies, and who are the guardians of it, and how they exercise it when the need arises.""I would obey the representative of the law," he said, "if I were not in the presence of the law itself."*****Scroll up to read all of the stories in this highly praised collection of crime stories.I shall never forget what happened then, for I have never in my life seen anything so deliberate and impressive. Slowly, in silence, and without passion, as though they were in a church of God, men began to get up in the courtroom.*****