The 5th admendment doesn't apply to Monica Goodling, does it?

[merwin]

http://www.guardian.co.uk/worldlatest/story/0,,-6510017,00.html">Gonzales Aide to Invoke Fifth Amendment

From what I understand, the 5th amendment is in regards to criminal trials. Here is the relevant section:
"nor shall be compelled in any criminal case to be a witness against himself"

Testifying before Congress is NOT a criminal case. This is an investigation. It's the same as if a drug dealer refused to talk to the police for fear of prosecution.

One thing that is certain... if she is refusing to give testimony on the grounds of the 5th amendment, then she is saying that she is guilty and just doesn't want to get caught.

[napi21]

1. As far as I know, the 5th ammendment aplies to ANYONE.

It's part of the US Constitution. HOWEVER, I was very surprised to hear Terry Jeffries on The Situation Room say "A member of the Justice Dept. should NEVER take the 5th and should testify truthfully before Congress!" As you well know, Jeffries is a STRONG PUB!

[Old and In the Way]

8. Well, it is kind of bad form for a person working in the DoJ to be taking the 5th.

Makes you wonder about the rest of them, no?

What I find of particular interest is that she's got a real heavyweight defense lawyer on her case. She was a mid-level bureaucrat that was the pipeline between DoJ and the WH, so where's she getting this kind of $ to manage her case? I'd love to see who is paying her legal defense...I'm willing to wager it's the RNC.

And why is her lawyer already talking about his client taking the 5th? Why wouldn't he be shooting for immunity? Makes me think that the payor has a vested interest to have her sully her reputation to hide a more ugly conspiracy.

[Redbear]

2. As interpreted, the 5th amendment means you dont have to say anything to anybody

if you reasonable believe it could subject you to criminal prosecution.

[onenote]

3. yes it does

The Fifth AMendment applies to any situation in which a person would be compelled to give testimony that could then be used against them in either that proceeding or in another criminal proceeding.

And a drug dealer can refuse to talk to the police.

[grasswire]

4. her lawyer is a CRIMINAL defense attorney

:::shrug:::

[Lobster Martini]

5. Fifth Amendment Doesn't Seem to Apply--Here's the Text

No one has been charged with a crime, and she wouldn't be testifying to a grand jury. I don't see how the fifth amendment applies.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

[onenote]

6. nope

Any time you are compelled to testify under oath, you are creating the risk that the testimony could later be used against you in a criminal proceeding, so you have the constitutional right to decline to give compelled testimony, unless you are given immunity that ensures that the compelled statement can't be used against you

[Redbear]

7. Strangely enough, we used to have a Supreme Court that cared about individual rights

So much so that they decided that "nor shall be compelled in any criminal case to be a witness against himself" applies to any situation where compelled testimony could lead to a criminal case being brought.

Thus, Congress, the civil courts, the police, or any other government agency cant force you to testify if by doing so you expose yourself to a criminal case being brought against you.