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Hoisted

May 4th, 2007

This is rich. After playing an incredibly politicized role in replacing US Attorneys who refused to respond to political pressure to abuse justice for partisan purposes, Monica Goodling is now being investigated by the Justice Department. Contrary to what we believed in the beginning (that she was simply involved in corrupt and highly unethical political behavior, but not illegally so), Goodling actually may have broken the law, at least in that she may have used party affiliation to screen candidates for career federal prosecutors. Who knows what else she may have been up to.

But the investigation into her actions has her own attorney fired up:

What disturbs us most is that the Department chose to make its announcement about Ms. Goodling in the midst of Congress’s ongoing investigation into the Department’s affairs, and less than two weeks after the House Judiciary Committee passed a resolution authorizing the House General Counsel to apply for an order of immunity for Ms. Goodling. The timing of your release smacks of retribution and intimidation.

Yeah! How dare the Justice Department investigate Goodling for political purposes! That would be unprecedented!

The irony is beyond thick, it’s now achieved superdensity.

Naturally, it’s just legal positioning and posturing. Of course Goodling is apt to be investigated now, whether or not the DoJ is doing it to cover their own asses. This is when the facts about the goings-on are just coming to light; what other better time to start investigating–unless Goodling wants the administration and the DoJ to overlook whatever she did for old time’s sake?

But there may be a veiled message there. You see, Goodling may very well be jockeying for an Oliver North play: to get immunity from Congress before investigations show she’s done anything illegal, so that any later revelations about what she did could be dismissed from court under the argument that they arose from her protected testimony. With that kind of protection, Goodling could then take the blame for whatever came out.

It is puzzling, to a certain degree: why would the Bush administration do anything to throw such a process off course? Unless the investigation is mandatory or was started by officials who are not “loyal Bushies” and instead do their jobs properly, it doesn’t seem to make sense. After all, Goodling could damage this administration powerfully; why turn her against them?

One thing is for sure: Congress should take all precautions so as not to let Goodling pull an Ollie North. They should absolutely complete all possible investigations before thinking of granting any kind of immunity that could let Goodling sneak out of a loophole and get her associates a get-out-of-jail-free card as well.

The issue is covered at length in this article by Dan Froomkin.

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