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"It is our duty, all of us, everyone who cares to reverse the national decline of our knowledge and understanding of history, and to renew a true appreciation of this great country, why it became great and what will keep it so." -- Sen. Robert Byrd

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Name:Jim O'Leary
Location:Delhi, N.Y., United States

The author and his webmaster, summer of 1965.

Saturday, March 31, 2007

Refusal to Testify

Monica Goodling the top counsel to Attorney General Gonzales is taking the 5th in the investigation into the fired U.S. Attorneys.
 
E-mails and documents related to the firing of the federal prosecutors show that Monica Goodling played a central role.  Goodling was the Justice Department‘s liaison to the White House, and documents indicate she has information about the role of Attorney General Alberto Gonzales and his top deputy, Paul McNulty, as well as White House counsel Harriet Miers and presidential adviser Karl Rove.

Senate Judiciary Committee Chairman Patrick Leahy said: “If she feels that what she has to tell us would subject her to prosecution, that raises some really serious questions.”

Goodling’s refusal to talk undercuts Bush’s pledge: “The attorney general and his key staff will testify before the relevant congressional committees to explain how the decision was made and for what reasons.”

In a letter to the Senate Judiciary Committee, Goodling’s lawyer John Dowd attempted to explain Goodling’s refusal to testify, by claiming a hostile environment and fears Goodling’s testimony might lead to charges of perjury, false statements or obstruction.

Legal experts point out that courts will not allow you to take the 5th for those reasons, because the fear that somebody might accuse you of perjury will not cut it in terms of invoking the 5th Amendment privilege against self-incrimination.

The key issue appears to be a vague reference by Goodling and her attorney to Deputy Attorney General Paul McNulty.  McNulty testified to Congress about the firings of federal prosecutors, and McNulty has since told Democrats he made a false statement based on information provided to him by Monica Goodling.

Giving false testimony to Congress under oath is clearly a crime.  Consequently, you would want to focus on the people who gave the testimony and the people who briefed them.

E-mails and documents turned over to Congress show that Goodling was involved in the decision to fire New Mexico U.S. attorney David Iglesias.  Some Republicans felt Iglesias wasn’t doing enough to investigate allegations of Democratic voter fraud. An e-mail from Karl Rove‘s deputy, Scott Jennings, to Goodling said two New Mexico Republicans wanted a meeting with administration officials.  Jennings wrote, “It is sensitive.  Perhaps you should do it.”  Goodling replied, “Happy to do so.” Goodling‘s calendar indicates she met with the Republicans the next day.

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