Josh Marshall posted a reader's question re: Monica Goodling and her Fifth (of cheap Ali-G booze). The dirty secret about corporate attorneys and government lawyers is: they are not always very smart, even if they are paid vast sums of money to pretend they are. There could be a tactical error committed here.
Talking Points Memo: by Joshua Micah Marshall March 26, 2007 10:59 PM
... 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.
read more, including this:
Just watching this from the outside, it looks as though that is the bad act she's afraid to testify about or -- and somehow I find this more believable -- she's afraid of indictment for perjury because she has to go up to Congress and testify under oath before the White House has decided what its story is. And yeah, I'd feel like I was in jeopardy then too.
Tags: attorneys, /Impeachment, /Gonzalez
