the road ahead for monica goodling -- 18 u.s.c. § 6005

i thought it might be useful to start
watching the docket of the united states
district court for the district of
columbia -- to see whether the united
states attorney general's office will have
the unmitigated temerity (and suicidal
political will) to seek an order deferring,
for no more than twenty days, the testimony
of ms. monica goodling, as is its right,
under 18 USC § 6005(c). [the relevant
statutory sections, are in blue, for
handy reference, below. . .]

but, nothing yet today at the DC courthouse.

assuming alberto gonzales does not seek
a twenty-day delay, in the next day or so,
we should see a motion from the general
counsel of the house of representatives,
as contemplated by 18 USC §§ 6005(a) and (b),
appear on the docket for the district court.

ms. goodling should keep her calendar clear
for the second-half of may 2007. note here that
alberto gonzales cannot suggest the internal
investigation underway at the AG's offcie would
be "prejudiced" by this issuance, as monica
goodling had already refused to cooperate with
that investigation, prior to her departure from
the employ of the department of justice.

so -- buckle up, alberto! -- the "keys to
the kingdom" will be in the house judiciary
committee's hands by the end of may 2007.

~~~~~~~~~~~~~~

18 USC § 6002. Immunity generally

Whenever a witness refuses, on the basis of his privilege against self-incrimination, to testify or provide other information in a proceeding before or ancillary to --

(1) a court or grand jury of the United States,

(2) an agency of the United States, or

(3) either House of Congress, a joint committee of the two Houses, or a committee or a subcommittee of either House,

and the person presiding over the proceeding communicates to the witness an order issued under this title, the witness may not refuse to comply with the order on the basis of his privilege against self-incrimination; but no testimony or other information compelled under the order (or any information directly or indirectly derived from such testimony or other information) may be used against the witness in any criminal case, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order. . .

18 USC § 6005. Immunity -- Congressional proceedings

(a) In the case of any individual who has been or may be called to testify or provide other information at any proceeding before or ancillary to either House of Congress, or any committee, or any subcommittee of either House, or any joint committee of the two Houses, a United States district court shall issue, in accordance with subsection (b) of this section, upon the request of a duly authorized representative of the House of Congress or the committee concerned, an order requiring such individual to give testimony or provide other information which he refuses to give or provide on the basis of his privilege against self-incrimination, such order to become effective as provided in section 6002 [ed.: see immediately above] of this title.

(b) Before issuing an order under subsection (a) of this section, a United States district court shall find that --

(1) in the case of a proceeding before or ancillary to either House of Congress, the request for such an order has been approved by an affirmative vote of a majority of the Members present of that House;

(2) in the case of a proceeding before or ancillary to a committee or a subcommittee of either House of Congress or a joint committee of both Houses, the request for such an order has been approved by an affirmative vote of two-thirds of the members of the full committee; and

(3) ten days or more prior to the day on which the request for such an order was made, the Attorney General was served with notice of an intention to request the order.

(c) Upon application of the Attorney General, the United States district court shall defer the issuance of any order under subsection (a) of this section for such period, not longer than twenty days from the date of the request for such order, as the Attorney General may specify. . .