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The Fifth Made Simple

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.

Monica Goodling, U.S. Attorneys

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