forget all the blather and posturing
contained in the below letter — i’ve
redacted some of it — but do note the
highlighted portion of the paragraph
dealing with 18 USC § 6005. it is clear
that any delay will be temporary, and
it is likewise clear that once ms. goodling
asserts her fifth amendment privilege, as
john dowd just did here, on her behalf, as
to the new OIG/DoJ investigation, a federal
judge sitting in the DC district court will
be bound to confirm conyers’ grant of immunity
to ms. goodling, and confirm the issuance of
a subpoena for her testimony before congress,
all as contemplated by 18 USC § 6005(b).
once she asserts the fifth, she cannot
be compelled to do anything on anyone’s
investigation, without immunity. this is
exactly how the interplay between the
federal immunity scheme, 18 USC § 6005,
and the fifth amendment, generally works. . .
good to get this confirmation — this chess-
match is continuing in almost exactly the form
i had much earlier guessed it would.
so, now — let’s take a look:
UPDATED: 05.04.07 a.m.
when i earlier wrote that the mere
assertion of his delay-authority under
18 USC § 6005(c) would be “political
kryptonite” for alberto gonzales,
rove, cheney and the bush white house — this
sort of coverage is precisely
what i had in mind.
note that the last line — from
dowd’s letter of thursday — is now
front page news in
friday morning’s new york times(!):
. . .It is not clear whether the department’s
inquiry would interfere with the House efforts to
secure her immunized testimony, but Mr. Dowd in
his letter expressed annoyance that the department
had disclosed its inquiry.
“The timing,” he wrote, “smacks of retribution
and intimidation.”. . .
[and, a sincere h/t to
for the head’s up, on
the existence of this
particular letter, in the
public domain. . .]