[The Senators and Representatives] shall in all Cases, except Treason, Felony and Beach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
The speech and debate clause is separate from the arrest clause. The Treason exception only applies to the first part.
Additionally, Treason has a definition elsewhere in this document, and just giving any kind of speech doesn't meet the standard.
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
It would be pretty hard to claim that any kind of speechifying amounts to "Aid and Comfort", especially if you can't identify the "Enemy" in a time when the nation is at peace.
Now the first amendment does apply here, but I expect a legal defense to go to this speech and debate clause first, then 1st amendment. Because 1st amendment has a bunch of exceptions of the "yelling fire in a crowded theater" type, but speech and debate is going to be more ironclad. Once you convince a court that you were doing Congressional speech or debate, then the only discipline you can face is from your chamber's rules, period.
18 Comments
Assassassin@lemmy.dbzer0.com · 106 pts · 277d
"did you say that soldiers can disobey illegal orders?"
"Yup."
"Okay, that's completely legal. Have a nice day."
What a waste of time and money.
ExLisper@lemmy.curiana.net · 15 pts · 277d
Lying to FBI is a crime. Make any mistake while talking to them and you can go to jail.
"When was the last time you talked to X?"
"Two weeks ago."
Actually it was one week ago. They can charge you now.
luciferofastora@feddit.org · 4 pts · 275d
Is "I do not recall" a valid answer?
ExLisper@lemmy.curiana.net · 5 pts · 275d
The best thing to do is not to talk with them at all. It's not a trial, they can't force you.
CaptSneeze@lemmy.world · 2 pts · 275d
It depends which side of the aisle you’re on.
mkwt@lemmy.world · 60 pts · 277d
baggins@lemmy.ca · 18 pts · 277d
Did their social media video take place in the legislature?
mkwt@lemmy.world · 13 pts · 277d
I am not looking forward to potential litigation on that question.
Kirp123@lemmy.world · 15 pts · 277d
That's why they immediately jumped to treason, to try and bypass that immunity.
Though my question is: doesn't this just fall under the first amendment?
mkwt@lemmy.world · 5 pts · 277d
The speech and debate clause is separate from the arrest clause. The Treason exception only applies to the first part.
Additionally, Treason has a definition elsewhere in this document, and just giving any kind of speech doesn't meet the standard.
It would be pretty hard to claim that any kind of speechifying amounts to "Aid and Comfort", especially if you can't identify the "Enemy" in a time when the nation is at peace.
Now the first amendment does apply here, but I expect a legal defense to go to this speech and debate clause first, then 1st amendment. Because 1st amendment has a bunch of exceptions of the "yelling fire in a crowded theater" type, but speech and debate is going to be more ironclad. Once you convince a court that you were doing Congressional speech or debate, then the only discipline you can face is from your chamber's rules, period.
baggins@lemmy.ca · 19 pts · 277d
Sounds like an open and shut case
curbstickle@anarchist.nexus · 10 pts · 277d
"This should never have been opened."
Shut the case.
ButteryMonkey@piefed.social · 15 pts · 277d
Oh cool, very normal.
lemmy_get_my_coat@lemmy.world · 13 pts · 277d
Every single photo of this guy 😆
Cyberflunk@lemmy.world · 13 pts · 277d
tym@lemmy.world · 11 pts · 277d
Corporal_Punishment@feddit.uk · 9 pts · 276d
Any Democrat who voluntarily attends an "interview" is a fucking idiot.
khepri@lemmy.world · 3 pts · 277d
Bring it on, this is a massive winning issue for dems.
Wigglesworth@retrolemmy.com · 3 pts · 277d
stands up
CharlesDarwin@lemmy.world · 2 pts · 275d
Is Keystone Kash going to stand out in front of the Capitol and vow to track down these Democrats?
6stringringer@lemmy.zip · 1 pts · 277d