Senior Gonzales Aide and White House Liaison to Take the Fifth

March 26, 2007 — -- The White House liaison to the Justice Department and counselor to Attorney General Alberto Gonzales has told Congress that she will take the Fifth amendment if and when she is called to testify before the House and Senate Judiciary Committees in the investigation of eight fired U.S. attorneys. In the growing controversy, lawyers for Monica Goodling sent a letter to Sen. Patrick Leahy, D-Vt., which noted, "Ms. Goodling will, upon our advice, assert her Fifth Amendment privilege as to any and all questions regarding the firings of U.S. attorneys, and any other questions related to the subject matter."

More than 3,000 pages of documents released by the Justice Department in the past week have showed that Goodling was a central figure with intimate knowledge of the plan to replace the U.S. attorneys. Goodling was among high-level Justice Department officials at a Nov. 27, 2006, meeting with Gonzales during which a plan to replace the U.S. attorneys was discussed. According to Justice Department officials, Goodling took personal leave last week, but she is still employed by the Justice Department. In a declaration sent to the Senate Judiciary Committee, Goodling noted, "I am presently employed by the Department of Justice as Counsel to the Attorney General and White House Liaison."

In a statement, Leahy said, "It is disappointing that Ms. Goodling has decided to withhold her important testimony."

In her statement, Goodling, added, "I have also become aware that a senior Department of Justice official has privately told Senator Schumer, who is a member of the Judiciary Committee, that he [the official] was not entirely candid in his report to the Committee, and that the official allegedly claimed that others at the Department of Justice, including me, did not inform him of certain pertinent facts prior to his testimony."

The decision by Goodling comes at a tough time for an embattled Gonzales, who had pledged to work with Congress. "I work for the American people. I serve at the pleasure of the president of the United States. I will say that in doing my job, it is easier to have the confidence of members of the Congress. And I will continue to do the very best that I can to maintain that confidence," Gonzales said March 13.

Tonight in a statement Schumer said, "We are disappointed that we won't hear Ms. Goodling's testimony at the Judiciary Committee hearing, particularly given her two roles as senior member of the Attorney General's team and liaison to the White House. Each day brings new developments making it even more imperative to find out what happened."

In a letter to the Judiciary Committee, Goodling's personal attorney, John M. Dowd, wrote, "It is not uncommon for witnesses who give testimony before the Congress to face criminal investigations and even indictments for perjury, false statements or obstruction of congressional proceedings."

"The 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 Lewis Libby," Dowd noted in his letter, citing the recent conviction of Libby for making false statements and perjury in the CIA leak investigation.

Goodling had been involved in the replacement of former Karl Rove aide Tim Griffin to take over as U.S. attorney in Arkansas. According to an administration official, Goodling had worked with Griffin at the Republican National Committee from 1999 to 2001.

Griffin took over as interim U.S. attorney in Arkansas after Bud Cummings was fired. The e-mails released by the Justice Department show that Goodling, in her role as White House liaison, closely coordinated and worked on the firings of the U.S. attorneys with Kyle Sampson, Gonzales' former chief of staff.

Goodling had numerous e-mail exchanges with Sampson and Scott Jennings, the deputy political director at the White House. Concerning Griffin's appointment on Aug. 18, 2006, Goodling wrote to Sampson, "We have a senator prob[lem], so while wh [White House] is intent on nominating, scott thinks we may have a confirmation issue. Also, WH has a personnel issue as tim returns to the states this week and is still on WH payroll. The possible solution I suggested to scott was that we (DOJ) pick him up. … That resolves both the WH personnel issue and gets him into the office he and the WH want him in."

E-mails released by the Justice Department show that Goodling was also closely involved in the effort to replace David Iglesias the former U.S. attorney in New Mexico.

Among the documents released are communications between Goodling and Jennings, which show that two New Mexico residents were granted a meeting at the Justice Department to voice their concerns about Iglesias. In a June 20, 2006, e-mail Jennings wrote to Goodling, "I have a person from New Mexico coming to town this week -- he is the President's nominee for the US Postal Board of Governors. He was heavily involved in the President's campaign's legal team. His name is Mickey Barnett, and he has requested a meeting with someone at DOJ to discuss the USATTY situation there."

"Sure -- I'm happy to do it if it involves sensitive issues." Goodling responded, "If it's more generic resources type of conversation our [Executive Office of US Attorney] director is here this week and available."

Jennings responded to the Justice Department White House liaison, "It is sensitive perhaps you should do it. I am going to send an e-mail to both of you and let the two of you work out the scheduling." Goodling's final e-mail to Jennings on the issue noted, "Happy to do so thanks."

The Senate Judiciary Committee had authorized Leahy to subpoena Goodling and five other senior Justice Department officials on March 15. Gonzales' former Chief of Staff D. Kyle Sampson is due to testify before the Senate Judiciary Committee Thursday. "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." Leahy said Monday.

Goodling concluded her statement to the congressional committees with the following note, "I am afforded by the Fifth Amendment, as is any innocent person, the right to decline to answer questions in such circumstances."

Tasia Scolinos, Justice Department Director of Public Affairs, declined to comment on Goodling's decision.