Judiciary Senators Seek Safeguards In DOJ Investigation
...Senators Inquire About Department Protocol To Avoid Internal Conflicts In Dealings With Official Who Has Asserted Fifth Amendment Rights
WASHINGTON (Tuesday, April 3) – Senators Patrick Leahy (D-Vt.), and Sheldon
Whitehouse (D-R.I.), sent a letter to Attorney General Alberto Gonzales asking
the Department of Justice (DOJ) to establish appropriate safeguards to avoid
potential conflicts of interest as the Judiciary Committee continues its ongoing
investigation into the dismissals and replacements of several U.S. attorneys.
Leahy, the chairman of the committee, and Whitehouse, a member of the
panel and a former U.S. attorney, asked the Attorney General for the protocol
the Department of Justice is following as the Committee determines how to
proceed with respect to Monica Goodling, a Department official who has asserted
her Fifth Amendment rights against self-incrimination rather than cooperate with
the committee’s inquiry.
“The office of the Attorney General appears to be hopelessly conflicted,”
wrote Leahy and Whitehouse.
The Senators also sought information about
Goodling’s cooperation with a pair of internal DOJ investigations that have been
launched into the matter. The Committee was informed last week that Goodling is
on leave, but remains a paid employee with the Department after asserting her
Fifth Amendment rights. The Department’s policies require employees to cooperate
with internal investigations.
The text of the letter is below. A pdf
is available upon request.
March 30, 2007
The
Honorable Alberto Gonzales
Attorney General of the United States
U.S.
Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530
Dear Attorney General Gonzales:
As you are aware, Monica
Goodling has indicated that she will assert her Fifth Amendment rights against
self-incrimination before the Senate Judiciary Committee rather than testify.
You must know that her testimony would be important to the Judiciary Committee,
since you offered her as a Department witness and agreed in your meeting with
Judiciary Committee Senators on March 8 that the Department would cooperate with
the Committee in providing her testimony along with that of others.
In
the ordinary course, the Committee would discuss this with your Department to
determine the best course of action with respect to a witness who has asserted
Fifth Amendment rights against self-incrimination, so as not to unwittingly
hinder a prosecution by the Department. While it is premature to presume that
any criminal prosecution will result from this inquiry now, it is also premature
to presume one will not. It therefore seems advisable to have discussions
between the Committee and the
Department regarding how to proceed with
regard to Ms. Goodling. Our question to you is: Who do we talk to at the
Department of Justice? The office of the Attorney General appears to be
hopelessly conflicted.
We would appreciate hearing from you whether a
special counsel is necessary for us to speak with, or how you suggest creating
appropriate firewalls so that a non-conflicted person with appropriate knowledge
and authority can have the customary discussions with the Committee regarding
Ms. Goodling's testimony.
On a related matter, we understand that you
initially ordered an investigation by the Department's Office of Professional
Responsibility and that a joint Office of Inspector General and Office of
Professional Responsibility investigation is now under way. Is Ms. Goodling
cooperating with that investigation? It is our understanding that career
Department employees are required to cooperate with OIG and OPR investigations.
We are told by the Department that despite Ms. Goodling's unwillingness
to testify, she nonetheless remains on your payroll. Has it ever happened in the
history of the Department of Justice that an attorney has refused to cooperate
with OIG or OPR or asserted Fifth Amendment rights against self-incrimination
and remained an employee of the Department? Please provide information regarding
any precedent for these extraordinary circumstances.
We would appreciate
hearing from you promptly on these matters.
Sincerely,
PATRICK LEAHY SHELDON WHITEHOUSE
Chairman United States Senator
###
WASHINGTON (Tuesday, April 3) – Senators Patrick Leahy (D-Vt.), and Sheldon Whitehouse (D-R.I.), sent a letter to Attorney General Alberto Gonzales asking the Department of Justice (DOJ) to establish appropriate safeguards to avoid potential conflicts of interest as the Judiciary Committee continues its ongoing investigation into the dismissals and replacements of several U.S. attorneys.
Leahy, the chairman of the committee, and Whitehouse, a member of the panel and a former U.S. attorney, asked the Attorney General for the protocol the Department of Justice is following as the Committee determines how to proceed with respect to Monica Goodling, a Department official who has asserted her Fifth Amendment rights against self-incrimination rather than cooperate with the committee’s inquiry.
“The office of the Attorney General appears to be hopelessly conflicted,” wrote Leahy and Whitehouse.
The Senators also sought information about Goodling’s cooperation with a pair of internal DOJ investigations that have been launched into the matter. The Committee was informed last week that Goodling is on leave, but remains a paid employee with the Department after asserting her Fifth Amendment rights. The Department’s policies require employees to cooperate with internal investigations.
The text of the letter is below. A pdf
is available upon request.
March 30, 2007
The
Honorable Alberto Gonzales
Attorney General of the United States
U.S.
Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530
Dear Attorney General Gonzales:
As you are aware, Monica
Goodling has indicated that she will assert her Fifth Amendment rights against
self-incrimination before the Senate Judiciary Committee rather than testify.
You must know that her testimony would be important to the Judiciary Committee,
since you offered her as a Department witness and agreed in your meeting with
Judiciary Committee Senators on March 8 that the Department would cooperate with
the Committee in providing her testimony along with that of others.
In the ordinary course, the Committee would discuss this with your Department to determine the best course of action with respect to a witness who has asserted Fifth Amendment rights against self-incrimination, so as not to unwittingly hinder a prosecution by the Department. While it is premature to presume that any criminal prosecution will result from this inquiry now, it is also premature to presume one will not. It therefore seems advisable to have discussions between the Committee and the
Department regarding how to proceed with regard to Ms. Goodling. Our question to you is: Who do we talk to at the Department of Justice? The office of the Attorney General appears to be hopelessly conflicted.
We would appreciate hearing from you whether a special counsel is necessary for us to speak with, or how you suggest creating appropriate firewalls so that a non-conflicted person with appropriate knowledge and authority can have the customary discussions with the Committee regarding Ms. Goodling's testimony.
On a related matter, we understand that you initially ordered an investigation by the Department's Office of Professional Responsibility and that a joint Office of Inspector General and Office of Professional Responsibility investigation is now under way. Is Ms. Goodling cooperating with that investigation? It is our understanding that career Department employees are required to cooperate with OIG and OPR investigations.
We are told by the Department that despite Ms. Goodling's unwillingness to testify, she nonetheless remains on your payroll. Has it ever happened in the history of the Department of Justice that an attorney has refused to cooperate with OIG or OPR or asserted Fifth Amendment rights against self-incrimination and remained an employee of the Department? Please provide information regarding any precedent for these extraordinary circumstances.
We would appreciate hearing from you promptly on these matters.
Sincerely,
PATRICK LEAHY SHELDON WHITEHOUSE
Chairman United States Senator
###
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