IRS official pleads the Fifth during House hearing

Lerner then said she was following her counsel's advice not to testify.

"I know that some people will assume that I have done something wrong," she said. "I have not."

Through her lawyer, Lerner had given the committee a head’s up that she planned to take the Fifth.

House Oversight Chairman Darrell Issa (R-Calif.) asked that she reconsider, but she declined.

Issa then tried to dismiss Lerner, but Rep. Trey Gowdy (R-S.C.), himself a former prosecutor, said that Lerner had waived her Fifth Amendment rights via her opening statement. Issa eventually did dismiss the IRS official, but said she could be recalled.

For more on Lerner's comments, click here.