Wednesday, March 28, 2007

Monica Redux

Froomkin starts in on the Monica Gooding/DoJ ongoing shitstorm:

Will another presidency be tripped up by another Monica?

As suspicions about the White House role in the firings of eight U.S. attorneys last year continue to deepen, one of the people who could shed light on what happened -- Monica Goodling, the Justice Department's White House liaison -- has suddenly decided to clam up, invoking her Fifth Amendment right against self-incrimination.

Juries in criminal cases are sternly lectured not to assume guilt when a defendant takes the Fifth. It is, after all, a Constitutional right.

But when a fairly minor player in what had heretofore not been considered a criminal investigation suddenly admits that she faces legal jeopardy if she tells the truth to a Congressional panel? Well, in that case, wild speculation is an inevitable and appropriate reaction. (my emphasis)

For one, it's not at all clear what she's trying to say. Undeniably, if she chose to lie to the panel, she could face perjury charges. Her recourse, therefore, would appear to be to tell the truth.

So is she saying that if she told the truth, she would have to admit a crime? What crime?

Or is she saying something else: That she'd have to admit someone else's criminal behavior? Well, that's not something you can take the Fifth to avoid. Sorry.

Or is she just afraid of being grilled by an antagonistic bunch of congressmen? Well, that's not something you can take the Fifth to avoid either.

In my column yesterday, I wrote that Attorney General Alberto Gonzales is almost certainly still getting his marching orders directly from the West Wing. I speculated about which Justice and/or White House aides were charged with delivering those orders. It's widely known that the White House has in many cases turned over the micromanagement of Cabinet officials to untested youngsters whose paramount qualification is that they follow orders.

Now it looks like the 33-year-old Goodling's terrified, whining refusal to own up to what she did may end up exposing one of the weaknesses of relying on such people. When the going gets tough, they can't necessarily be trusted to either stand up to pressure -- or take the fall. Instead, they panic.

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