Goodling Is Anything But Good: Criminal Is More Like It

But it's all OK, don't you see....

She obstructed Justice for Jesus.

She should also be disbarred for Jesus, Now.

Congress plans on giving her immunity? OK, if they absolutely must in order to get the goods on this corrupt administration.

Nevertheless, she must be disbarred. If she needs immunity, she should not be allowed to practice law ever again, in any capacity.


Is This Why Goodling Invoked The Fifth Amendment?

By Big Tent Democrat,
Section Law Related
Posted on Sat Apr 28, 2007 at 10:22:50 PM EST Tags: (all tags)

Anonymous Liberal has unearthed what appears to be an incriminating e-mail in which Monica Goodling instructed DOJ personnel to destroy documents that were clearly pertinent to an ongoing Congressional investigation.

The e-mail, dated February 12, 2007, states in relevant part:

These are new and updated USA documents which can be used with the media or friendlies. Please delete prior versions. . .

Why could this be a criminal situation? Because of the federal obstruction statute. This article provides a nice background on the subject:

The federal crime of obstruction of justice is defined by 18 U.S.C. § 1503 to include conduct that, among other things, corruptly endeavors to obstruct or impede the due administration of justice. To sustain its burden of proof, the government must prove that there was pending judicial proceeding, that the defendant knew this proceeding was pending, and that the defendant then corruptly endeavored to influence, obstruct, or impede the due administration of justice.

In applying the obstruction of justice statute to issues of destruction of documents, federal courts generally have not required that a subpoena have issued. Rather, it is sufficient for an obstruction conviction that the defendant knew that a grand jury was investigating possible violations of federal law and intentionally caused destruction of the incriminating document. U.S. v. Fineman, 434 F. Supp 197 (E.D.Pa 1977).. . .

In addition, the Sarbanes-Oxley Act of 2002 has expanded the federal law of obstruction by adding new sections to 18 U.S.C. § 1512 and enacting a new statute, 18 U.S.C. § 1519, creating additional crimes relating to alteration, destruction, mutilation or concealment of records, documents, or objects. Section 1512© requires acting corruptly with intent to impair the item’s integrity or availability for use in “official proceedings,” defined by 18 U.S.C. 1515 to include proceedings before federal courts, agencies, Congress, and regulatory proceedings involving the insurance business. This statute is particularly striking in providing, in subsection (f), that an official proceeding need not be pending or about to be instituted at the time of the offense and that the document need not be admissible in evidence or free of a claim of privilege.

It appears that Ms. Goodling's attorney was blowing smoke when he complained about witchhunts and partisan investigations.

Rather more likely, Goodling has real concerns about criminal prosecution for her actions.
Here is the text of 15 U.S.C., Section 1519:

1519. Destruction, alteration, or falsification of records in Federal investigations and bankruptcy Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.

20 years? Ouch.

Update [2007-4-28 23:40:24 by Big Tent Democrat]: Here is a case where Sarbanes-Oxley was used to prosecute destruction of evidence by an attorney whose client was charged with child pornography.

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