Tuesday, March 27, 2007

Taking the Fifth Before Congress

Talking Points Memo has a post about DOJ White House liaison Monica Goodling's plan to plead the 5th before the Senate Judiciary Committee.

"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."

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