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

Brian Zick

Reader donations, many as small as just $1, have kept In These Times publishing for 45 years. Once you've finished reading, please consider making a tax-deductible donation to support this work.

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.

Your donation makes In These Times possible

When you contribute, you're not just giving a gift—you're helping publish the next In These Times story. Will you join your fellow readers, and help fund this work by making a tax-deductible donation today?

Subscribe and Save 66%

Less than $1.67 an issue