House holds Lois Lerner in contempt

STORY HIGHLIGHTS

(CNN) -- Acting on a conservative battle cry and potentially triggering a court battle with the Obama administration, the Republican-led House voted Wednesday to hold former IRS official Lois Lerner in contempt of Congress for refusing to answer questions about her agency's targeting of conservative and other groups.

The 231-187 vote fell almost entirely along party lines, a decision that cut across three sharp divides: balance of power issues between the branches of government, political questions over the IRS scandal, and a Constitutional debate over Lerner's individual Fifth Amendment rights.

Lerner is in the middle of that trio. Until she retired last year, she ran the IRS division in charge of tax exempt status. An inspector general's report concluded her staff had inappropriately targeted Tea Party and other groups for extra scrutiny.

The term "progressive" was also flagged but the inspector general report indicated that conservative terms drew more attention from the IRS.

The Fifth Amendment question

For nearly a year, Lerner has refused House requests to testify on the matter, citing her Fifth Amendment right against self-incrimination.

Republicans insist that doesn't apply here, that she waived the right by first asserting her innocence when she appeared before the House Oversight Committee last May.

"Mrs. Lerner made 17 separate factual assertions before invoking her right to remain silent," proclaimed Rep. Richard Nugent, Republican of Florida, as he opened up Wednesday's debate. "You can't make selective assertions and still invoke your Fifth Amendment right."

Lerner's attorney, William Taylor, has dismissed that argument repeatedly and sent a statement rejecting it again Wednesday.

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House holds Lois Lerner in contempt