Issa Recalls Lerner to Testify on IRS Mishandling of Exemption Applications

At the hearing, Ms. Lerner gave a voluntary opening statement, under oath, discussing her position at the IRS and professing her innocence. After that opening statement, during which she spoke in detail about the core issues under consideration at the hearing, Ms. Lerner invoked the Fifth Amendment and declined to answer questions from Committee Members (other than by authenticating a particular document in response to a question by Ranking Member Elijah E. Cummings). I temporarily excused Ms. Lerner from, and later recessed, the hearing to allow the Committee to determine whether she had waived her asserted Fifth Amendment right. The Committee subsequently determined that Ms. Lerner in fact had waived that right.

Ms. Lerner's testimony remains critical to the Committee's investigation. Documents and testimony obtained by the Committee show that she played a significant role in scrutinizing applications for tax exempt status from conservative organizations. Documents also show that Ms. Lerner participated in "off plan" work to develop rules that would allow the IRS to stifle constitutionally protected political speech by non-profit groups. Ms. Lerner's testimony will allow the Committee to better understand how and why the IRS targeted certain organizations.

Because Ms. Lerner's testimony will advance the Committee's investigation, the Committee is recalling her to a continuation of the May 22, 2013, hearing, on March 5, 2014, at 9:30 a.m. in room 2154 of the Rayburn House Office Building in Washington, D.C.

The subpoena you accepted on Ms. Lerner's behalf remains in effect. In light of this fact, and because the Committee explicitly rejected her Fifth Amendment privilege claim, I expect her to provide answers when the hearing reconvenes on March 5. You may contact the Committee staff at (202) 225-5074 if you have any questions.