
The vote was 21-12, with all Republicans present voting in favor of contempt and all Democrats rejecting the resolution.
The contempt resolution now moves to the House floor, but no time has been set for a vote and it is possible it will not happen if Lerner changes her mind and decides to speak with lawmakers. If the House finds Lerner in contempt, the matter will be referred to the Justice Department to investigate.
Republicans, who are in the majority and outnumber Democrats on the oversight panel, argued that Lerner should be held in contempt for twice refusing to answer questions before Congress by invoking the Fifth Amendment right against self incrimination. Lerner declined to testify despite delivering a lengthy statement in her own defense before the oversight panel in May 2013 and later talking to Justice Department officials. Republicans say Lerner waived her Fifth Amendment rights by claiming no wrongdoing.
“You can’t come in and make a statement like Ms. Lerner did, and then come in and 'plead the fifth,'” Rep. John Duncan, R- Tenn., a former state judge, said. “If that was possible, every defendant in this country would do that. To allow this makes a mockery of our system, it makes a joke out of it.”
Democrats said Lerner had the right to remain silent.
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