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wehad a witness this week, who dithat? we had a witness this week wh sai nothing. she didn't. made nine separate actual assertions and had a document. if that's not waiver, if that not express waiver, then surely it's implied waiver, and and if noieded waiver, what is? gerri: great question. can you take two bites of the apple in giving testimony to congress? >> it seems you can, bt congress will try to take two bitesf the apple if they come back asking he to testy again. if they ask her again and he refuses to, she will be held in contempt of court, and that could ean the could be a federal cae here where tey uld take herand hold her in contempt. gerri: what's amazing to me about the story is thatno heads have rolled, nobody's lost the job, lerner is on paid administrative lee. what do you make of that? >> this is a organization, the irs, supposed to be spendin our dollars wisely, taking them in, spending wisely. there's no accountability he. lerner is on administrative leave, and at the same time, she's still getting paid. paid with those taxpayer dollars that she abused. wh