Key Democrats say Internal Revenue Service official Lois Lerner didn’t give up her Fifth Amendment rights against self-incrimination by giving an opening statement at a House hearing on Wednesday.

Democrats on the Oversight panel said they want Lerner to testify about the IRS’s targeting of conservative groups seeking tax-exempt status, and are not defending her decision to invoke the Fifth Amendment.

But Lerner’s Constitutional rights are clear, the Democrats argue, and committee Chairman Darrell Issa (R-Calif.) will be wasting the panel’s time and resources waging a losing battle against her attorneys while the FBI conducts a criminal investigation into the scandal.

“I would like very much for her to testify, but she plead the Fifth Amendment and she has the Constitutional right to do so. I pledged my loyalty to the Constitution when I was sworn in,” said Rep. Carolyn Maloney (D-N.Y.).

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