House Judiciary Committee Chairman John Conyers, Jr. and Chairwoman for the Subcommittee on Commercial and Administrative Law Linda Sánchez have sent a very interesting letter to Monica Goodling (or her lawyer, actually) on the subject of Goodling’s proclaimed intention to invoke the fifth at her appearances before the Senate and House Judiciary Committees.

It’s not only a very interesting letter, it is also a very good letter. So you’ll forgive me for quoting extensive chunks:

On behalf of the House Judiciary Committee’s Subcommittee on Commercial and Administrative Law, we write to request that your client, Ms. Goodling, voluntarily appear to be interviewed by our staff in the next week and to discuss the justification for her apparent decision to invoke her Fifth Amendment privilege to questions relating to her role in the termination of several United States Attorneys and the Department’s response to requests by the Congress for information relating to the terminations.

We have reviewed Ms. Goodling’s declaration and the letters you sent to us and Senator Leahy, Chairman of the Senate Judiciary Committee, and we are concerned that several of the asserted grounds for refusing to testify do not satisfy the well-established bases for a proper invocation of the Fifth Amendment against self- incrimination. In addition, of course, the Fifth Amendment privilege, under long-standing Supreme Court precedents, does not provide a reason to fail to appear to testify; the privilege must be invoked by the witness on a question-by-question basis.

The interview we seek could obviate the need to subpoena Ms. Goodling and require her to appear at a public hearing and require her to invoke the privilege to specific questions. We believe that such a proceeding, consistent with the Constitution and Supreme Court precedents, would permit the public to see and hear the specific questions to which Ms. Goodling is asserting the Fifth Amendment privilege against self-incrimination and to permit the Congress and the public to draw appropriate inferences from her invocation of the privilege and the Department of Justice’s failure to insist that she waive the privilege. …

Most of the assertions in your letters to Sen. Leahy and in Ms. Goodling’s declaration do not constitute a valid basis for invoking the privilege against self-incrimination. The fact that a few Senators and Members of the House have expressed publicly their doubts about the credibility of the Attorney General and the Deputy Attorney General in their representations to Congress about the U.S. Attorneys’ termination does not in any way excuse your client from answering questions honestly and to the best of her ability. Of course, we expect (as we are sure you do) your client to tell the truth in any interview or testimony. The alleged concern that she may be prosecuted for perjury by the Department of Justice for fully truthful testimony is not only an unjustified basis for invoking the privilege and without reasonable foundation in this case but also so far as we know an unwarranted aspersion against her employer.
[...]
The references in your letters to Mr. Libby and Mr. Safavian are particularly unwarranted and inappropriate. Both of those individuals, former high-ranking officials in the Bush Administration, were found guilty beyond a reasonable doubt by juries of their peers, in cases brought by Presidentially appointed U.S. Attorneys, of knowingly and intentionally lying or providing false information primarily to Executive branch agents or officials. Neither matter involved truthful testimony by the defendants. Both of them were found to have deliberately misrepresented facts, which we are confident you do not expect Ms. Goodling to do. If her testimony is truthful, she will have nothing to worry about in terms of a perjury prosecution…

Based in part on what we believe are inappropriate considerations for the invocation of the Fifth Amendment, we seek an opportunity to have the staff question Ms. Goodling, in your presence, in order to make a determination of whether there is any valid basis for her to invoke the privilege in response to specific questions. We note that Mr. Kyle Sampson, the Attorney General’s former chief of staff who worked closely with Ms. Goodling on these matters, advised the Senate recently under oath that he knew of no valid basis for her assertion. If there is no valid basis, we will want to afford her an opportunity (as several other Department employees have agreed to take) to answer in a straight-forward fashion in a private, confidential setting all questions relating to her knowledge about the firings of the U.S. Attorneys, the role in these terminations of the White House with which she served as liaison and the Department’s explanation about these matters to the Congress.

It may sound like Conyers and Sánchez are saying that if Goodling agrees to be interviewed “in a private, confidential setting”, she won’t have to appear at a public hearing and be forced to take the fifth. But it is a very carefully drafted letter:

The interview we seek could obviate the need to subpoena Ms. Goodling and require her to appear at a public hearing and require her to invoke the privilege to specific questions.

No promises, Ms. Goodling. Meet with us, and tell us the whole truth, and then we’ll see…

*** Update, 6:45 am ***

Goodling’s lawyer’s response to the Conyers-Sánchez letter:

Mr. Dowd issued a statement suggesting that he regarded the House letter as a threat and a possible violation of legal ethics. “In a free country every citizen should have the liberty to exercise their rights without threats or coercion,” Mr. Dowd’s statement said.