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View Diary: Teabagger Shutdown is not a "Political Strategy," but Violation of Constitution, Duties & Oath (149 comments)

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  •  Jason - there isn't (3+ / 0-)
    Recommended by:
    newpioneer, sethtriggs, Harshmellow

    Members of Congress, including the Speaker, have broad immunity from any criminal indictment when they are in their role as legislators. There is no law that requires the Speaker, or any member of Congress, to bring forth any specific legislation, vote for or against it, or even vote at all. While deplorable none of the actions by the Republicans, including the Speaker, is in any way a violation of any criminal statute, and if it was the members of Congress have immunity.

    The people in the Justice Department understand that this is an issue of politics, not civil or criminal legal activity. No one in the Holder Justice Department will even suggest bringing the DoJ into this political battle. In addition, the courts will view this as a the natural tension between two branches of government and will refuse to be involved.

    "let's talk about that"

    by VClib on Wed Oct 02, 2013 at 05:28:02 PM PDT

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    •  They're not immune to arrest for felonies (0+ / 0-)

      Article I Section 6 of the US Constitution (my emphasis of course):

      SECTION 6. The senators and representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony and breach 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
      I've not heard anyone suggest what felony that might be, but if there were one then legislators would not be privileged from arrest for it.

      Fake candidates nominated by the GOP for the recalls: 6 out of 7. Fake signatures on the recall petitions: 4 out of 1,860,283.

      by GeoffT on Wed Oct 02, 2013 at 05:59:35 PM PDT

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      •  GT - if a member of Congress robs a bank (2+ / 0-)
        Recommended by:
        sethtriggs, Harshmellow

        of course they can be arrested. Their immunity is very narrow, and confined to their role as legislators, but has been interpreted by the courts as very broad when it relates to their official duties as members of Congress. No one can successfully bring a criminal or civil court action against the Republicans for their actions in the House.

        "let's talk about that"

        by VClib on Wed Oct 02, 2013 at 06:37:03 PM PDT

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        •  Thanks for the explanation. (1+ / 0-)
          Recommended by:

          It still defies logic that someone who was hired to do a certain job, and took an oath that they would do that job, can turn around and do the opposite of doing what they were hired to do, and nobody can do anything about it.

          "We see things not as they are, but as we are." - John Milton

          by Jasonhouse on Wed Oct 02, 2013 at 06:49:33 PM PDT

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