Seen here:
'Ellis [1969] involved a defendant who voluntarily testified before a grand jury but then refused to testify at trial, asserting his Fifth Amendment privilege against self-incrimination. Once Lerner voluntarily spoke to Justice Department prosecutors without receiving a grant of immunity, she lost her ability to invoke the privilege to avoid answering congressional questions about the same information she had already provided.
'Machen says that a “team of experienced career prosecutors” was assigned to review this matter, so certainly they would know about the Ellis rule. They also must know about Lerner’s extensive testimony to the prosecutors. So why would Machen completely ignore this in his letter?
'Ignoring highly relevant, although perhaps inconvenient, facts, outgoing U.S. Attorney Ronald Machen has issued a flawed legal analysis. It reaches an erroneous, but politically expedient, conclusion — one that gives Lois Lerner a pass and further hinders congressional efforts to get to the bottom of this scandal. It’s a pretty slick trick. No wonder Machen’s pulling a disappearing act.'
