C-SPAN is airing it now at C-SPAN 3
C-SPAN 3
UPDATE: Firedoglake is live blogging the testimony here.
And TPM Muckraker is posting video clips and comment on the pertinent testimony here.
Former top Justice Department aide Monica Goodling was chided by the House Judiciary Committee for failing to turn over documents that had been subpoenaed as part of the investigation into the firing of 8 US Attorneys. Goodling is set to testify before the Committee on Wednesday.
"I am concerned, however, about your statement that Ms. Goodling is going to refuse to produce documents in her possession that are responsive to the subpoena," Rep. John Conyers (D-MI), the committee's chairman, wrote to Goodling's attorney John Dowd.
In responding to an argument made by Dowd on why Goodling did not need to turn the documents over, he added, "We are aware of no authority that permits internal Department administrative regulation to allow a former employee of the Department of Justice, or any other person, to avoid the subpoena power of the House of Representatives, as that power is central to the House's ability to carry out its Constitutional oversight mandate and certainly trumps internal agency regulations."
At issue were a set of documents that Dowd, an attorney for the Washington, DC law firm Akin, Gump, Straus, Hauer, and Feld, acknowledged his client possessed.
"Ms. Goodling has copies of other electronic documents and emails that would be responsive to the Committee's subpoena but which are copies of official Department of Justice documents, including un-redacted copies of documents produced to date only in redacted form," wrote Dowd with additional counsel.
All Eyes on Monica Goodling
With Gonzales testimony complete, Capitol Hill probe to shift gears
Jason McLure
Legal Times
May 14, 2007
Attorney General Alberto Gonzales emerged mostly unscathed from last week's face-off with Democrats on the House Judiciary Committee over his role in the U.S. Attorney firings. And with Republicans on the committee offering Gonzales near-universal support, the tone on Capitol Hill shifted from "Gonzales is going" to "Gonzales is staying."
But there's one big wild card that's yet to be thrown into play, and that's Monica Goodling, Gonzales' former White House liaison. Last week, Chief Judge Thomas Hogan of the U.S. District Court for the District of Columbia approved a House request to grant limited immunity to Goodling in exchange for her testimony.
Goodling, who resigned her post April 7, previously told the committee that she would assert her Fifth Amendment right against self-incrimination. She now has the opportunity to shed light on her key role in a firing process that has remained shrouded in mystery, despite the release of thousands of Justice Department e-mails and the testimony of a number of top officials. According to congressional staffers, Democrats hope to have her testify publicly before Memorial Day.
"She's worked very hard," says John Dowd, a lawyer for Goodling at Akin Gump Strauss Hauer & Feld. "She'll do her level best to be candid and forward in her testimony."
That promise isn't likely to reassure Gonzales or other Bush administration officials involved in the dismissal of at least eight U.S. Attorneys. Democrats contend that the prosecutors were fired to shield Republicans targeted in public corruption probes or to punish those U.S. Attorneys who failed to push voter fraud investigations.
And though there may be a feeling that Gonzales has at last stemmed the tide against him, it looks premature to declare victory before Goodling says what she knows about the attorney general's and the White House's involvement in the firings.
"Before people get too cocky about the attorney general surviving, [they] need to sit back and await that event," says a senior administration official close to the investigation.
Two years ago, Robin C. Ashton, a seasoned criminal prosecutor at the Department of Justice, learned from her boss that a promised promotion was no longer hers.
“You have a Monica problem,” Ms. Ashton was told, according to several Justice Department officials. Referring to Monica M. Goodling, a 31-year-old, relatively inexperienced lawyer who had only recently arrived in the office, the boss added, “She believes you’re a Democrat and doesn’t feel you can be trusted.”
Ms. Ashton’s ouster — she left the Executive Office for United States Attorneys for another Justice Department post two weeks later — was a critical early step in a plan that would later culminate in the ouster of nine United States attorneys last year.
Ms. Goodling would soon be quizzing applicants for civil service jobs at Justice Department headquarters with questions that several United States attorneys said were inappropriate, like who was their favorite president and Supreme Court justice. One department official said an applicant was even asked, “Have you ever cheated on your wife?”
Ms. Goodling also moved to block the hiring of prosecutors with résumés that suggested they might be Democrats, even though they were seeking posts that were supposed to be nonpartisan, two department officials said.
And she helped maintain lists of all the United States attorneys that graded their loyalty to the Bush administration, including work on past political campaigns, and noted if they were members of the Federalist Society, a conservative legal group.
In addition to making clear that she wanted Ms. Ashton out, a Justice Department employee still in that office said, Ms. Goodling took actions that encouraged a second experienced prosecutor, Kelly Shackelford, to move on. James B. Comey, who served as deputy attorney general from 2003 to 2005, said Ms. Ashton and Ms. Shackelford were excellent lawyers, whose politics he did not know nor would he ever have asked. Ms. Ashton and Ms. Shackelford declined to comment.
snip
Mr. Comey said that if the accusations about Ms. Goodling’s partisan actions were true, the damage was deep and real.
A federal judge approved an immunity deal Friday allowing former Justice Department aide Monica Goodling to testify before Congress about the firing of eight federal prosecutors.
Goodling, who served as the department's White House liaison, has refused to discuss the firings without a guarantee that she will not be prosecuted. Congress agreed to the deal, Justice Department investigators reluctantly agreed not to not oppose it and U.S. District Judge Thomas Hogan gave it final approval Friday.
"Monica Goodling may not refuse to testify," Hogan began his brief order, which said that Goodling could not be prosecuted for anything other than perjury in connection with her testimony.
Lawmakers want to question Goodling as part of an inquiry into whether the Justice Department played politics with the hiring and firing of department officials. What began as an inquiry into whether U.S. attorneys were fired for political reasons has grown to include the role of the White House in the firings and whether the Justice Department officials misled Congress about them.
Goodling's lawyer has said that, with an immunity deal, she would cooperate and testify honestly.
Justice spokesman Dean Boyd confirmed earlier this month that the department's inspector general and Office of Professional Responsibility were investigating Goodling's role in hiring career attorneys — an unusual responsibility for her to have had.
Today the Department of Justice gave notice that it would not object to the House Judiciary Committee's grant of use immunity for Monica Goodling. I believe obtaining her testimony will be a critical step in our efforts to get to the truth about the circumstances surrounding the US Attorney firings and possible politicization in the Department's prosecutorial function. The Committee will be moving xpeditiously to apply for the court order so that we can schedule a hearing promptly.
Justice confirmed it's investigating whether Goodling improperly assessed the political loyalties of applicants for career assistant U.S. attorney posts. Two government officials (not ID'd when talking about an ongoing probe) told NEWSWEEK the inquiry began after Jeff Taylor, the interim U.S. attorney in D.C.,
complained that Goodling tried to block the hiring of a prosecutor in his office for being a "liberal Democratic type." Justice e-mails show Goodling also played a pivotal role in selecting which U.S. attorneys were fired. When the e-mails surfaced in March, a distraught Goodling went to see veteran DOJ official David Margolis and "bawled her eyes out," saying, "All I ever wanted to do was serve this president," and "everything is unraveling," according to Margolis's confidential testimony to congressional investigators (as described by a congressional aide, anonymous when talking about nonpublic matters). Her lawyer, John Dowd, refused to comment, saying Goodling, who has since resigned, has invoked her right to remain silent. The House Judiciary Committee is seeking to force her testimony by granting her immunity. Investigators believe Goodling, who served as DOJ's liaison to the White House, is key to their big fish: Karl Rove.
Secret Order By Gonzales Delegated Extraordinary Powers To Aides
Attorney General Alberto Gonzales signed a highly confidential order in March 2006 delegating to two of his top aides -- who have since resigned because of their central roles in the firings of eight U.S. attorneys -- extraordinary authority over the hiring and firing of most non-civil-service employees of the Justice Department. A copy of the order and other Justice Department records related to the conception and implementation of the order were provided to National Journal.
In the order, Gonzales delegated to his then-chief of staff, D. Kyle Sampson, and his White House liaison "the authority, with the approval of the Attorney General, to take final action in matters pertaining to the appointment, employment, pay, separation, and general administration" of virtually all non-civil-service employees of the Justice Department, including all of the department's political appointees who do not require Senate confirmation. Monica Goodling became White House liaison in April 2006, the month after Gonzales signed the order.
The existence of the order suggests that a broad effort was under way by the White House to place politically and ideologically loyal appointees throughout the Justice Department, not just at the U.S.-attorney level. Department records show that the personnel authority was delegated to the two aides at about the same time they were working with the White House in planning the firings of a dozen U.S. attorneys, eight of whom were, in fact, later dismissed.
A senior executive branch official familiar with the delegation of authority said in an interview that -- as was the case with the firings of the U.S. attorneys and the selection of their replacements -- the two aides intended to work closely with White House political aides and the White House counsel's office in deciding which senior Justice Department officials to dismiss and whom to appoint to their posts. "It was an attempt to make the department more responsive to the political side of the White House and to do it in such a way that people would not know it was going on," the official said.
Robert Litt, who served as a deputy assistant attorney general under former President Bill Clinton, said in an interview that during the Clinton presidency "it was routine that senior appointments in the department would be vetted by the White House. Appointees were often placed by the White House." Such a process is typical under most presidents, Litt said, because they "want to ensure that their administration's policies and priorities are carried out."
But Litt also called Gonzales's secret delegation of authority to Sampson and Goodling unprecedented. It was distressing, he said, that many of the most sensitive appointments at the highest levels of the Justice Department were to "be made by these two people with no law enforcement experience... that this extraordinary authority was being delegated to these two young puppies," and apparently without much input by more-experienced and less-partisan officials.
Based on a review of the delegation order, the official said, the Criminal Division chief's principal deputy, his counselor, any of his special assistants, and a score of other aides were also among those who could be fired and replaced by Sampson and Goodling, and then subject to final approval by Gonzales.
"It would be an act of insanity and, frankly, implausible that the attorney general would grant authority to Kyle [Sampson] and Monica Goodling to make these decisions," the official said, "But it would be frightening if they were serving as proxies for the White House. You do not want to allow for the possible politicization of your Criminal Division like that."
In a new statement, Senate Judiciary Chairman Patrick Leahy (D-VT) said the secret order “would seem to be evidence of an effort to hardwire control over law enforcement by White House political operatives,” and demanded that it be turned over to congressional investigators immediately:
This memorandum should have been turned over to Senate and House committees as part of requests made in ongoing investigations. I expect the Department of Justice to immediately provide Congress with full information about this troubling decision as well as any other related documents they have failed to turn over to date.
Read what Leahy said here.
Justice Department official Monica Goodling resigned her position as counselor to Attorney General Alberto Gonzales Friday afternoon.
Goodling had invoked the Fifth Amendment, which protects witnesses from self-incrimination, in refusing to testify before Congress regarding the firings of eight U.S. attorneys.Goodling was among the senior Justice Department officials who participated in meetings and e-mail exchanges about the planned dismissals. She went on paid leave as the controversy grew.
In a brief letter to Gonzales, Goodling gave no reason for her resignation but said it would be effective Saturday.
"I am hereby submitting my resignation to the Office of the Attorney General, effective April 7, 2007. It has been an honor to have served at the Department of Justice for the past five years," Goodling wrote.
"May God bless you richly as you continue your service to America," she wrote in the letter.The resignation came abruptly, just as the Justice Department was closing for the Easter weekend.
There was no warning. Officials had said hours earlier that Goodling remained on paid leave of absence from the department.
The Justice Department said Friday it would have no comment on Goodling's decision to resign. However, it did acknowledge her resignation in a letter to Senate Judiciary Committee Chairman Patrick Leahy of Vermont and Sen. Sheldon Whitehouse, D-R.I.
Gonzales' former chief of staff, Kyle Sampson, resigned March 13.
"Attorney General Gonzales' hold on the department gets more tenuous each day," said Sen. Charles E. Schumer, D-New York.
It's a busy day for Monica Goodling's lawyer.
House Democrats asked again today to question Monica Goodling, the Justice department official who has pled the Fifth. Goodling notified the House Judiciary Committee last week that, as she had with regard to a potential Senate committee hearing, she planned to invoke the Fifth rather than participate in interviews with House committee staff -- as seven other Justice Department offiicals have been and will be doing over the coming week.
But in the letter today from committee Chairman John Conyers (D-MI) and subcommittee Chair Linda Sanchez (D-CA), they wrote that Democrats weren't
convinced that Goodling was invoking the Fifth for valid reasons. Goodling's
lawyer John Dowd had cited earlier comments by Democrats to show that they had "reached conclusions" about the matter under investigation.Conyers and Sanchez aren't buying it.
"The fact that a few Senators and Members of the House have expressed publicly their doubts about the credibility of the Attorney General and the Deputy Attorney General in their representations to Congress about the U.S. Attorneys' termination does not in any way excuse your client from answering questions honestly and to the best of her ability," they wrote.
For perhaps the first time in history, a Justice Department official has invoked the Fifth Amendment -- and remains in her position at the Department. In a letter to Attorney General Alberto Gonzales today, Senate Judiciary Chairman Pat Leahy (D-VT) and committtee member Sheldon Whitehouse (D-RI) asked what the
Justice Department was going to do about it.
The first order of business, they said, was to figure out who to talk to at the Justice Department about Goodling. Ordinarily, they wrote, they would ask the Department about how to proceed, so as not to interfere with a possible criminal investigation. But "the office of the Attorney General appears to be hopelessly conflicted," they wrote. So who's it going to be?
The senators also want to know whether Goodling will be cooperating with the internal Justice Department investigation of the firings, given that career Department employees are required to cooperate with such investigations.
Jonathan Turley, a professor at George Washington Law School who's handled a number of high-profile clients in his career, said that Goodling, having invoked the Fifth with regard to Congress' investigation, is in a bind.
"It's a very clever question, because if she does not invoke the Fifth [for the internal Justice Department investigation], then she obviously has a fundamental contradiction in her legal position. She would basically be saying that despite having a high-ranking position in the Justice Department, she will not cooperate with a coequal branch... Congress has oversight responsibiilty over the Justice Department, over Monica Goodling. It would be an obvious contradiction with her job description."