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Monday, March 26, 2007

Justice official to plead the Fifth before Senate panel

WASHINGTON (CNN) -- A Justice Department official will refuse to answer questions during a Senate committee hearing on the firing of eight U.S. attorneys, citing her Fifth Amendment right not to incriminate herself, her lawyer said Monday.
In a letter sent to the Senate Judiciary Committee, Monica Goodling's lawyer said she would not testify because senators have already decided that wrongdoing occurred.
"The public record is clear that certain members of the Senate Judiciary Committee have already reached conclusions about the matter under investigation and the veracity of the testimony provided by the Justice Department to date," John Dowd, Goodling's lawyer, said in a letter to the committee's chairman, Sen. Patrick Leahy, D-Vermont.
The letter said Goodling learned that a senior Justice Department official blamed her and other Justice Department officials for any misleading statements he had made to one of the Democratic senators who has pushed for answers about the firings, Sen. Chuck Schumer of New York.
Goodling is a senior counsel and White House liaison to Gonzales. She is taking a leave of absence from the department.(Watch why Goodling took the Fifth )
The committee has subpoenaed Goodling to testify Thursday. Democratic and Republican senators have raised questions about the firings, which e-mail released by the Justice Department suggests may have been done for political reasons.
Democrats said they continue to want Goodling to testify.
"It is disappointing that Ms. Goodling has decided to withhold her important testimony from the committee as it pursues its investigation into this matter, but everybody has the constitutional right not to incriminate themselves with regard to criminal conduct," Leahy said in a written statement. "The American people are left to wonder what conduct is at the base of Ms. Goodling's concern that she may incriminate herself in connection with criminal charges if she appears before the committee under oath."
Goodling's decision to plead the Fifth Amendment "raises even more questions concerning the potential misconduct and legal violations by the administration in this ongoing scandal," said Rep. John Conyers, the Michigan Democrat who leads the House Judiciary Committee. That committee also wanted to hear Goodling's testimony on the firing.
The White House said Goodling's decision shows how political the investigation has become.
"It is unfortunate that a public servant no longer feels comfortable that they will be treated fairly in testimony in front of Congress," White House spokeswoman Dana Perino said.
"The attorney general, with the president's support, has urged members of the Justice Department to cooperate with Congress' request for testimony," Perino said. "However, we must respect the constitutional rights of the people involved and the decision of those individuals and their counsel to protect those rights."

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