Did Lois Lerner, embattled head of the IRS’s tax-exempt organizations office, waive her Fifth Amendment right against self incrimination in her brief appearance before the House Oversight Committee?
I hate to say it, but… it’s just not clear.
...But would a court enforce the waiver rules as strictly in a congressional hearing as in a criminal case?
Probably not.
There seems to be no case law directly bearing on this type of congressional hearing. Keep in mind that Lerner was not testifying in a criminal trial where the government has the greatest interest in obtaining evidence about wrongdoing. Rather, she was in front of a congressional body conducting a legislative inquiry as part of its oversight authority.