Alberto Was Here! (But Not for Long)

It just keeps on giving, doesn't it?

The AG flew into Chicago today to ask, "What about the children?" He was pushing some initiative for keeping kids safe on the Internet, and part of that involved a fifteen-minute "press availability" after he met with Chicago-based undistinguished U.S. Attorney Patrick Fitzgerald. I'm sure there were a number of useful questions that could've been asked in regard to that initiative, but as one might expect, the reporters mostly wanted to talk about the U.S. Attorneys firing scandal. A few of the reporters might've been looking forward to putting Gonzales on the spot next to hot shot Fitzgerald by bringing up his department's diss against him, but while that might've been good fun, the real meat is in the scandal. I guess that Gonzales is a firm believer in the old adage, "If you can't stand the heat, get out of the kitchen," because after only two-and-a-half minutes and three questions, he was running for the door.

It may have been questions about his senior counselor, Monica Goodling, currently on leave and possibly facing an appearance before the Senate Judiciary Committee, announcing yesterday that she plans to take the fifth if she visits the Senate chambers. He said he couldn't talk about it, and oh yeah, he's got to catch a bus.

The Fifth Amendment to the Constitution grants the right to keep your mouth shut if speaking openly and honestly in court will reveal evidence that you've committed some sort of crime. You don't have to incriminate yourself. Of course, asserting this right implies that there's some sort of crime out there for you to be incriminated in. Goodling's lawyer tries to obfuscate and claim that she doesn't want to go before a hostile committee, so therefore, Fifth Amendment. I hope she's not paying him the big bucks, because that's one of the lamest excuses I've ever heard. While I don't doubt that Goodling fears the Judiciary Committee will be unfriendly, and I'm sure she'd rather not have to testify at all, I don't see how that can possibly rise to the level of the Fifth Amendment. Of course, the obvious response of the Judiciary Committee is to wonder, What's the crime in which she's concerned about implicating herself? All of a sudden, they're going to be paying much closer attention. And I'm willing to put up large amounts of money on the fact that Goodling won't be getting any holiday cards from Kyle Sampson, who's due in front of the newly attentive committee on Thursday.

If you're interested in reading more about the use of the Fifth Amendment in this context, check out Christy's discussion of the issue. And Josh Marshall is instructive on what may be the real reason behind Goodling's decision. It could be that Justice Department official Paul McNulty has told the committee that Goodling incorrectly briefed him in preparing him for his own Senate appearance, or it could be something else:

Just watching this from the outside, it looks as though that is the bad act she's afraid to testify about or -- and somehow I find this more believeable -- she's afraid of indictment for perjury because she has to go up to Congress and testify under oath before the White House has decided what its story is. And yeah, I'd feel like I was in jeopardy then too.

Take a look at the news conference in its entirety to see the moment of realization in Alberto's eyes that the questions weren't going to get any better.