Monday, March 26, 2007

The Fifth at the Halls of Justice.

With Monica Goodling taking "The Fifth" when she goes to senate hearings, I sense no good outcome for Alberto Gonzalez. I think he is in political trouble. I think that Deputy Attorney General Paul McNulty is out to get him. I think he decided that he wanted to be AG and set about to get the job. There is no actual wrongdoing, from what I have seen so far but Al Gonzalez is going to get whacked by politics here pure and simple.
That isn't what is so fascinating here however. It is the strategy that Goodling's lawyer, John Dowd, is implementing here. If I was being investigated by the democrats, I think I might want this guy on my legal team. Here is what he said...

"The potential for legal jeopardy for Ms. Goodling from
even her most truthful and accurate testimony under these circumstances is very
real," said the lawyer, John Dowd.
"One need look no further than the recent
circumstances and proceedings involving Lewis Libby," he said, a reference to
the recent conviction of Vice President Dick Cheney's former chief of staff in
the CIA leak case."

Did you catch that. Dowd is saying, very clearly, that his client can't testify at all without the potential for her to incriminate herself. I do not think he thinks she has done anything illegal, just that the potential for incriminating oneself in testimony is a great risk to his client. Still don't follow....
Why is it such a risk to talk to the Senate subcommittee? Dowd has looked at the Libby case and sees Libby did not break any laws in his actions. He correctly sees that Libby was 'hung' because his recollection of events was different that Russert's recollection of events. This became a procedural act, not a substantive act. If Libby took the Fifth in the grand jury and kept his mouth shut, he would not have made statements that would have conflicted with Russert's. And since no one committed a crime in the 'outing' of Valerie Plame, Fitzgerald would have had no one to prosecute and it all goes away.
Goodling's attorney is saying that the potential for being challenged procedurally, with perjury or similar infraction, is possible when going in front of the current Senate Subcommittee. Even if she tells the truth and has video of her entire life like a reality show, she could be called out on any misstep by the current congressional majority. Because of this risk, He has come up with a valid reason , correctly, I might add, to take the fifth.
Even if she did do something wrong, will never know now. Thanks Fitzgerald.

Stay Tuned

RR

2 comments:

Catherine said...

And this is what we have come to. No one will speak the truth for fear of becoming the hunted (think Linda Tripp). No one in their right mind would give sworn testimony before this bunch.

Reagan Republican said...

I think that she is one smart woman for staying out of the trap. Not that I believe the Machevellian myths but I could see Rove calling up Dowd, (Goodling's attorney) and giving him the idea of the fifth. Maybe, as Rush says, this is a Bush rope-a-dope. One can only hope...

RR