Monday, March 26, 2007
invoking the Fifth Amendment during Congressional hearings into the circumstances of Bush's firing of the martyred eight US Attorneys.
Invoking the 5th and refusing to answer questions is an option to keep from incriminating oneself in illegal activities that have already taken place. It does not exist to allow her to avoid answering questions simply because she - or others - might be embarrassed by her truthful answers to those questions.
Nor do I care if appearing before Congress is a perjury trap. All she has to do avoid being charged with perjury is to tell the truth - all of the truth - when answering questions.
If I were sitting in the Oval Office, I would have refused to send anyone up to the Hill to answer their questions. But Bush has decided to extend an olive branch and make a number of Executive Branch employees available to Congress... so her choice is to do what her boss' boss has ordered... or quit. It really is that simple.
UPDATE: Orin Kerr shares his thoughts that one doesn't get to take the 5th in situations such as this.