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DoJ’s Goodling May Not Be Able to Validly Invoke the Fifth Amendment

Brian Zick

Josh Marshall has posted correspondence from a couple TPM readers who explain what the Fifth Amendment actually guarantees, and they argue that Monica Goodling has no basis in law to refuse to testify. The Fifth Amendment guards narrowly against self-incrimination, it does not broadly allow the refusal to testify. Only if Goodling has actually perpetrated a criminal offense, and is questioned specifically about it, can she invoke the Fifth. Otherwise, no foundation exists for her to refuse to answer questions in congressional hearings.

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