A plausible explanation for taking the Fifth

[Norman Bernstein]

Well, finally, it becomes clearer... and now there actually IS a basis for it: the first item that actually has the potential to implicate one of the Bushies in a genuine crime (courtesy of www.tpmmuckraker.com):

Josh broached the issue of Monica Goodling's invocation of the Fifth last night, and since then a number of lawyers have written in to say that it's really not so complicated.

Here's TPM Reader/Lawyer DL:

Although Dowd's letter on Goodling's behalf is a model of lawyerly obfuscation, Ms. Goodling's affidavit, which is attached to the letter, invokes the magic word "self-incrimination," and therefore appears to satisfy the foundation for asserting the privilege.

And another TPM reader, this one a lawyer in D.C., is even more frank:

Monica Goodling does have a good faith basis for pleading the Fifth Amendment - just not the ones in her lawyer's letter that are getting all the attention. Under the federal False Statements statute, 18 USC 1001, it is a felony to cause another person to make a false statement to Congress. Since McNulty has allegedly told Senator Schumer that he made a false statement to Congress based on information provided to him by Monica Goodling, Goodling could very well be prosecuted for a Section 1001 violation.

All the rest of the crap in her lawyer's letter is intended to sooth as much as possible White House anger at her for invoking the Fifth.

[John of Phoenix]

It is a felony to cause another person to make a false statement to Congress.

We have a winner!!

[High C]

After what happened to Scooter Libby, I wouldn't be surprised if no one said another sworn word for a very long time.

[Norman Bernstein]

After what happened to Scooter Libby, I wouldn't be surprised if no one said another sworn word for a very long time.

Yeah, me either.... after all, lying to a grand jury or congress IS a felony... and we wouldn't want felons lying, would we?

[TomF]

After what happened to Scooter Libby, I wouldn't be surprised if no one said another sworn word for a very long time.

What do you think happened to Scooter Libby, High C? From here it just looks like he was convicted of 4 felonies, for lying and for obstruction of justice. Should public servants who break the law NOT be prosecuted and convicted?

I tend to view the 5th amendment as the unrepentant crook's refuge, whoever "pleads the 5th."

t.

[Landrith]

Why does someone taking the Fifth Amendment still have a job in the US Justice Department? If they had been a whistleblower they would have been fired. How come it doesn’t work both ways?

[John of Phoenix]

A person isn't permitted to take the fifth to avoid giving sworn testimony.
A person isn't permitted to take the fifth to avoid exposing one's supervisor.
A person isn't permitted to take the fifth to avoid ratting out coworkers.
A person isn't permitted to take the fifth to avoid facing even the most aggressive Congressional inquiry.

The fifth is permitted only to prevent self-incrimination.
She's a lawyer - she knows what she's doing.
She also knows what she did.

Call your first witness Mr. Chairman.