Bush's Monica Problem

President Bush last week promised that "the Attorney General and his key staff will testify before the relevant congressional committees to explain how the decision was made and for what reasons."

But the White House's initial reaction to Goodling's decision last night did not indicate that they were troubled. "It is unfortunate that a public servant no longer feels comfortable that they will be treated fairly in testimony in front of Congress," spokeswoman Dana Perino said in an e-mail to reporters.

Here is Senator Patrick Leahy's response to the letter: "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 Argument

Here is the full text of the statement and letters from Goodling's attorney, John M. Dowd.

He argues that "the hostile and questionable environment in the present Congressional proceedings is at best ambiguous; more accurately the environment can be described as legally perilous for Ms. Goodling."

He even goes so far as to challenge the legitimacy of the hearings, which he suggests are being held for political purposes.

And he cites "numerous examples of witnesses who gave testimony before Congress and then faced criminal investigations and even indictments for perjury, false statements, or obstruction of congressional proceedings, including United States v. Poindexter, United States v. North, United States v. Safavian, and United States v. Weissman. . . .

"[T]he potential for legal jeopardy for Ms. Goodling from even her most truthful and accurate testimony under these circumstances is very real. One need look no further than the recent circumstances and proceedings involving Scooter Libby."

But here's one thing all those people had in common: They lied.

Is She Even Entitled to the Fifth?

Talking Points Memo blogger Josh Marshall writes: "Interestingly, or perhaps revealingly, at the end of the letter, John Dowd, Goodling's attorney asserts that 'we have advised Ms. Goodling (and she has decided) to invoke her Constitutional right not to answer any questions.'

"This is more than a semantic point. The constitution says nothing about a right not to answer questions. The actual words are that no one 'shall be compelled in any criminal case to be a witness against himself' -- or in the more modern parlance, your right against self-incrimination. . . .

"Certainly there's no 5th amendment privilege against testifying before meanies."