DebateGate

General Category => 3DHS => Topic started by: Lanya on March 26, 2007, 05:17:30 PM

Title: Justice official will plead the 5th
Post by: Lanya on March 26, 2007, 05:17:30 PM

[..........]
Monica Goodling, a Justice Department official involved in the firings of federal prosecutors, will refuse to answer questions at upcoming Senate hearings, citing Fifth Amendment protection against self-incrimination, her lawyer said Monday.

"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.

He said that members of the House and Senate Judiciary committees seem already to have made up their minds that wrongdoing has occurred in the firings.
[....]
http://news.yahoo.com/s/ap/20070326/ap_on_go_ca_st_pe/fired_prosecutors;_ylt=ArmAsVl28tF8PxSVjMXHLWyyFz4D
Title: Re: Justice official will plead the 5th
Post by: Plane on March 26, 2007, 05:18:18 PM
Learned the Libbey lesson
Title: Re: Justice official will plead the 5th
Post by: BT on March 26, 2007, 05:30:50 PM
Can't perjure yourself if you say nothing.
Title: Re: Justice official will plead the 5th
Post by: sirs on March 26, 2007, 09:48:24 PM
Precisely
Title: Re: Justice official will plead the 5th
Post by: Brassmask on March 27, 2007, 12:09:23 PM
I can't tell if your comments are in her defense or not.  I'm assuming they are.
Title: Re: Justice official will plead the 5th
Post by: Amianthus on March 27, 2007, 12:21:26 PM
I can't tell if your comments are in her defense or not.  I'm assuming they are.

Doesn't seem to be a defense. Mere statement of fact; if you refuse to say anything, you can't be charged with perjury. AKA "The Libby Lesson."

Your rights under the 5th Amendment are there to protect you.
Title: Re: Justice official will plead the 5th
Post by: hnumpah on March 27, 2007, 02:54:41 PM
Quote
Can't perjure yourself if you say nothing.

You can't perjure yourself if you tell the truth, as you are sworn to do, either. It would seem to me that, by taking the fifth, you are either a) admitting that you lied in the past, and don't believe you can sustain the lie in further sworn testimony, or b) admitting that you are incapable of telling the truth.

Ah, well, just another Bush administration underling doing what they do best.
Title: Re: Justice official will plead the 5th
Post by: Amianthus on March 27, 2007, 02:58:50 PM
You can't perjure yourself if you tell the truth, as you are sworn to do, either. It would seem to me that, by taking the fifth, you are either a) admitting that you lied in the past, and don't believe you can sustain the lie in further sworn testimony, or b) admitting that you are incapable of telling the truth.

Or c) avoiding the "perjury trap."

How's about d) to avoid incriminating yourself?

How would you answer "Have you stopped beating your wife, please answer only yes or no."
Title: Re: Justice official will plead the 5th
Post by: hnumpah on March 27, 2007, 03:08:36 PM
Quote
"Have you stopped beating your wife, please answer only yes or no."

Would have to be no - now you prove I ever beat her to begin with.

c) avoiding the "perjury trap." Just as easily done by telling the truth - already addressed.

d) to avoid incriminating yourself? Which is what the fifth is for, to keep you from incriminating yourself in a crime that has already been committed. Which brings up the point I addressed earlier, are they a) admitting that they lied in the past, and don't believe they can sustain the lie in further sworn testimony, or b) admitting that they are incapable of telling the truth?

Doesn't look good either way.

Title: Re: Justice official will plead the 5th
Post by: BT on March 27, 2007, 03:22:05 PM
The other option is to claim faulty recollection.

Title: Re: Justice official will plead the 5th
Post by: hnumpah on March 27, 2007, 04:20:34 PM
Quote
The other option is to claim faulty recollection.


Yep. I keep hoping the entire administration will simply plead early Alzheimer's and toddle on off into retirement.
Title: Re: Justice official will plead the 5th
Post by: sirs on March 27, 2007, 04:33:04 PM
I keep hoping the entire administration will simply plead early Alzheimer's and toddle on off into retirement.

Presidential term limits kinda make that a given