Recess won't halt probe of attorney firings

The committee also included Goodling, former director of the Office of U.S. Attorneys, in its announcement. Goodling served as the Justice Department liaison to the White House and has since invoked her Fifth Amendment rights in talking about anything related to the attorney scandal.

Goodling's attorneys, Jeffrey King and John Dowd, sent a letter to Conyers Friday reminding him that "any arrangements for interviews that have been negotiated between the Department and your staff will not include Ms. Goodling."

"We request that the Committee not seek to call Ms. Goodling for an interview or hearing," her attorneys wrote.

They also point out that using her right against self-incrimination does not suggest she has "participated in any criminal activity" but she is electing to use the right as a means to "protect the innocent.

"The hostile and questionable environment in the present proceedings is at best ambiguous," they wrote, also calling it "legally perilous" for their client.

Sen. Orrin Hatch, R-Utah, defended Goodling's decision to invoke her Fifth Amendment rights, countering Senate Judiciary Chairman Patrick Leahy's statement that "The American people are left to wonder what conduct is at the base of Ms. Goodling's concern if she may incriminate herself in connection with criminal charges if she appears before the committee under oath."

"The Supreme Court has said over and over that no negative inference may be drawn," Hatch said. "In Griffin v. California, the court held that the Fifth Amendment, quote, 'Forbids either comment by the prosecution on the accused's silence or instructions by the court, and that such silence is evidence of guilt,' unquote."

Sampson mentioned Goodling several times during his testimony Thursday, including her participation in a 20-minute meeting with Gonzales and other staff to discuss the attorneys' dismissal.

Sen. Sheldon Whitehouse, D-R.I., took issue with Goodling's — and Sampson's — lack of legal expertise and experience and their having the responsibility of "making these highly significant decisions for United States attorneys.

"Here their careers as United States attorneys are brought to an end and in some cases, it appears that the make-or-break decision is being made by somebody who graduated from law school in 1999, who may or may not have ever tried a case. This is pretty remarkable to me," Whitehouse said.

Goodling graduated from Regent University law school in 1999.

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