The New & Improved 5th Amendment

As I was driving home from work today, I heard a report on NPR that made me laugh so hard that I almost had to pull over to the side of the road.

Share the humor, you say? How about this news:

A lawyer for a Justice Department official involved in the controversial firings of eight United States attorneys said today that his client would not testify on Capitol Hill because she is convinced she would not be treated fairly.

The official, Monica Goodling, the Justice Department’s liaison to the White House, is invoking her Fifth Amendment right against self-incrimination and so will decline to answer “any and all questions regarding the firings,” her lawyer, John M. Dowd, said.

See NY Times, Justice Official Won’t Testify on Prosecutor Firings.

The best part is the reason for invoking the 5th:

But Ms. Goodling’s refusal does not signal that she has anything to hide, Mr. Dowd told the Senate Judiciary Committee’s chairman, Senator Patrick J. Leahy. Rather, Mr. Dowd said, it is a recognition of the “hostile and questionable environment” that has been spawned by the controversy.

Let's get this straight. She had nothing to hide. She's not using the 5th Amendment to avoid having to incriminate herself. She just doesn't want to subject herself to some nasty questioning that might be "hostile." Makes perfect sense. Who wouldn't want to do that?

And how does this differ from any witness called to testify in any proceeding in any court in the country who is subject to cross-examination by opposing counsel? Do you think the witness might feel that there is a hostile atmosphere permeating the controversy?

So, would the 5th apply in that situation as well? There may be some advantages. It would eliminate the controversial nature of courtroom proceedings. On the other hand, it might be a little bit harder to determine the facts and the truth, but I guess you can't have everything.

UPDATE (3/27): For a more definitive analysis of the 5th Amendment "meanie defense," see Christy Hardin Smith's take at FireDogLake, The Right To Remain Silent…Or Not.

Tags: Law, Attorneygate, Politics