US Rep. Mo Brooks Introduces Bill Targeting Fifth Amendment

Published: 25 Jun, 2013
2 min read
(Credit: The Atlantic)

(Credit: The Atlantic)

While the US government is trying to find National Security Agency leaker Edward Snowden, another effort is being made to enforce compliance with congressional questioning.

Late last week, Alabama US Rep. Mo Brooks, a Republican, introduced HR 2458. If passed, it would terminate the employment of any employee of the government who takes the Fifth Amendment during the process of questioning.

This legislation comes in the aftermath of the testimony of Lois Lerner, the Director of Exempt Organizations at the IRS, who invoked her Fifth Amendment rights. In May, Lerner testified before the House Government Oversight Committee over her agency's alleged targeting of conservative and tea party groups seeking tax exemption status. Lerner simply said:

"While I would very much like to answer the committee's questions today, I have been advised by my counsel to assert my constitutional right not to testify or answer questions related to the subject matter of this hearing."

Lerner has been on administrative leave since her testimony.

Brooks' bill, written rather plainly, says:

"Any Federal employee who refuses to answer questions in a congressional hearing after being granted immunity shall be terminated from employment."

Section 2 continues:

"Any Federal employee who, in a congressional hearing, refuses to answer questions specifically, directly, and narrowly relating to the official duties of such employee, without being required to waive immunity with respect to the use of answers or the fruits thereof in a criminal prosecution of such employee, shall be terminated from employment."

"This legislation is constitutional and necessary to enable Congress to provide proper oversight for the American people," Brooks told the Hill.

This is also not the first instance of a member of Congress asserting that a government employee waives this right. Shortly after Lerner's appearance before the committee, a spokesman for California US Rep. Darrell Issa, the Republican questioning her, said:

IVP Donate

"After consulting with counsel, Chairman Issa has concluded that Ms. Lerner's Fifth Amendment assertion is no longer valid. She remains under subpoena."

Doug Mataconis, a lawyer and blogger writing at Outside the Beltway, asks how the implications of this logic may be abused and extrapolated:

"How far are you willing to take this principle? If it's acceptable for the Federal Government to terminate someone because they exercise their Constitutional rights under the Fifth Amendment, would it also be acceptable to fire a Federal Employee for exercising their rights under the First Amendment? How about the Second? Where does it stop?"

The US is currently undergoing a debate about the parameters of surveillance and the leaking of that information. Now, US Rep. Mo Brooks is attempting to pass legislation that would aim to compel employees of the federal government to testify in an attempt to ensure congressional oversight.

The bill currently has no cosponsors.

You Might Also Like

Why Mathematicians Love Ranked Choice Voting
Why Mathematicians Love Ranked Choice Voting
The Institute for Mathematics and Democracy (IMD) has released what may be the most comprehensive empirical study of ranked choice voting ever conducted. The 66-page report analyzes nearly 4,000 real-world ranked ballot elections, including some 2,000 political elections, and more than 60 million simulated ones to test how different voting methods perform....
11 Dec, 2025
-
4 min read
California flag
Quirk Silva’s Exit Sparks a High-Profile Orange County Clash, Where Independent Voters Control the Math
California’s 67th Assembly District stretches across parts of Orange and Los Angeles counties, connecting some of the region’s most dynamic and diverse suburban communities. It includes the entire cities of Cerritos, La Palma, Hawaiian Gardens, Artesia, Buena Park, and Cypress, as well as portions of Fullerton and Anaheim....
18 Dec, 2025
-
6 min read
Donald Trump
Trump Signs Order to Reclassify Cannabis to Schedule III
WASHINGTON — President Donald Trump announced Thursday that his administration will officially move cannabis from Schedule I to Schedule III under the Controlled Substances Act, a decision that marks the most significant change to U.S. drug policy since the early 1970s....
18 Dec, 2025
-
2 min read