NYT editorial, "Time for Answers": Goodling's taking the Fifth takes U.S. Atty. scandal to new level

[DeepModem Mom]

Editorial
Time for Answers
Published: March 27, 2007

The news that Monica Goodling, counsel to the attorney general and liaison to the White House, is invoking her Fifth Amendment right against self-incrimination takes the United States attorney scandal to a new level. Ms. Goodling’s decision comes just days after the Justice Department released documents strongly suggesting that Attorney General Alberto Gonzales has not been honest about his own role in the firing of eight federal prosecutors. Mr. Gonzales is scheduled to testify before the Senate in three weeks, but that is too long to wait. He should speak now, and explain why he continues to insist that his department did nothing wrong.

As the liaison between the White House and the Justice Department, Ms. Goodling seems to have been squarely in the middle of what appears to have been improper directions from the White House to politicize the hiring and firing of United States attorneys. Mr. Gonzales has insisted the eight prosecutors were let go for poor performance, and that the dismissals are an “overblown personnel matter.” But Ms. Goodling’s decision to exercise her Fifth Amendment rights suggests that she, at least, believes crimes may have been committed.

Last Friday night, the Justice Department released a calendar entry that directly contradicts Mr. Gonzales’s insistence that he was out of the loop. It shows that he attended an hourlong meeting on Nov. 27 to discuss the upcoming firings of seven of the prosecutors. Previously, he had insisted that he never “had a discussion about where things stood.”...

The more information that comes out, the more disturbing the firings look. Mr. Gonzales is scheduled to make a routine appearance before the Senate Judiciary Committee on April 17. But there is, as John McKay, a fired United States attorney from Washington State, put it, “a cloud over the Justice Department” right now. Mr. Gonzales should testify this week. The serious questions that have been raised about improper, and possibly illegal, actions in the Justice Department need to be investigated and answered without delay in full public view.

http://www.nytimes.com/2007/03/27/opinion/27tue1.html?_r=1&hp&oref=slogin

[Double T]

1. As might be expected, Monica Goodling is blaming the Democrats........

for investigating the rethugs corrupt, questionable and probably illegal behavior. How dare ANYONE investigate the commonplace everyday corruption of the current administration's 'god given right'.

[malaise]

3. She may attempt to blame the Democrats but

she's done way more harm to her fellow Rethug crooks.

[sam sarrha]

2. when someone says they will invoke the 5th "Before" any question.. sounds like "Obstruction"

it can be nothing other than premeditated Obstruction of Justice.

the audacity of bragging that one will not cooperate with the Congress of the United States because they are apparently a Higher Power is the apex of arrogance.... or they are just trying to keep from being assassinated.

[cassiepriam]

4. The new meme: repugs are innocent victims of a hostile congress...

They are such wonderful public servants who are being hounded by mean Dems.

[fasttense]

5. CNN kept reading Goodling's lawyer's letter

about how Congress was a hostile political environment and Goodling would not get a fair hearing because Congress had already made up their minds. They read it over and over again. Trying to catapult the propaganda. But the fifth Amendment says nothing about testifying in a political environment or about the fairness of Congressional investigations. So for the fifth to apply to Goodling, she has to have committed a crime or thinks she has committed a crime. The rest is smoke screen.

[radfringe]

6. no matter how the "loyal bushies" spin it

it still raises the question of what are they hiding?

The argument of testifying jeopardizes the ability of a president to receive good advise is growing weaker and weaker.

[enough]

7. Interesting analysis of this at TPM today.

http://www.talkingpointsmemo.com/archives/013272.php

A couple TPM Readers chime in on DOJ White House liaison Monica Goodling's plan to plead the 5th before the Senate Judiciary Committee ...

First, TPM Reader TB ...

A party can request a hearing (in federal or state court) to examine whether the party invoking the Fifth has done so properly. Goodling's attorney's letter does not provide a valid basis for invoking the Fifth. You can't invoke the Fifth to avoid perjury charges (or obstructing justice with the selfsame testimony). (I have the cases here, if you want them.) You can't invoke the Fifth because you think the Committee is on a witch hunt. Etc.

They shouldn't let Goodling get away with this. She either is refusing to providing testimony because she may be testifying about some crime she has previously committed (which is a valid reason for taking the Fifth) or she isn't. If she is, and a Judge so determines, then fine (and goodbye to her attorney's ridiculous GOP talking points), and if she isn't, she should be compelled to testify under subpoena.

The funny thing is she may be obstructing justice (protecting others) by refusing to testify under a bogus claim of needing to take the Fifth.

SNIP>

TPM Reader EJ makes the same point ...

I read the letter from Ms. Goodling's attorney, and it seems rather odd to me. He says that Ms. Goodling will not testify because she fears that, even though telling the truth, she may face perjury charges due to the hostility of Democrats on the Judiciary Committee. The Fifth Amendment, however, has nothing to do with perjury or with feared partisanship. Rather, it states a privilege against self-incriminating testimony. If the Fifth were to be accepted every time a witness feared a perjury indictment, we would have very few witnesses, indeed. I'm far from an expert on this matter, but I wonder if the Fifth has been properly invoked at all here.

SNIP>

And much more from Josh.