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riversedge

(70,248 posts)
Wed Oct 23, 2019, 10:15 PM Oct 2019

Joyce Vance says members of Congress can not be prosecuted for actions they take in the course

of their legislative work!!
Ok. Then the Repugs who stormed the meeting need to be at least censored!



Debra Messing @DebraMessing
·
1h
Joyce—- why weren’t they arrested? Jane Fonda was arrested for peaceful protest. Bringing cellphones in where classified materials were? Shouldn’t they lose their jobs? What is POSSIBLE in terms of repercussions? There MUST be SOMETHING or they will just be emboldened.


Quote Tweet
Joyce Alene
@JoyceWhiteVance
· 1h
We’re on a crazed merry-go-round, but we need to stop for a moment & acknowledge that today was next level serious. Our grandchildren will study the SCIF disruption incident in history.



Joyce Alene @JoyceWhiteVance
Replying to
@DebraMessing

The Speech or Debate Clause of the Constitution says members of Congress can’t be prosecuted for actions they take in the course of their legislative work. But they can be censured by Congress.



?s=20



LaNati @LaNati79018696
·
53m
Replying to @JoyceWhiteVance and
@DebraMessing
How was This “the Course of their Work”? They aren’t on the Committee that IS allowed in the hearing & they Knowingly filmed a proceeding, as they trampled into the room, all Against the Rules of the Court. HOW is all of that “the Course of their Work”???
🌊

Diana Banana
🌊
@FoFannaDiana
·
42m
Yeah, this. They had committees, etc. that they abandoned to live tweet & record inside a secure facility.
A Kansan was in this group of hooligans and I'm just sickened that this is who represents us.

21 replies = new reply since forum marked as read
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Joyce Vance says members of Congress can not be prosecuted for actions they take in the course (Original Post) riversedge Oct 2019 OP
She's right. The Speech or Debate Clause of the Constitution The Velveteen Ocelot Oct 2019 #1
The constitution is fucked up. triron Oct 2019 #5
No, it isn't. The reason for the Speech or Debate Clause was The Velveteen Ocelot Oct 2019 #9
so essentially, they're above the law as well. choie Oct 2019 #11
The Speech or Debate Clause is very narrow. The Velveteen Ocelot Oct 2019 #14
The text is specific and served a good purpose. unblock Oct 2019 #19
Actually, they can. unblock Oct 2019 #10
This! Varaddem Oct 2019 #17
How about yanking their security clearances? C_U_L8R Oct 2019 #2
As I understand it MontanaMama Oct 2019 #4
Why not suspend their IDs to get into the building? They are still Hassler Oct 2019 #3
"Our grandchildren will study the SCIF disruption incident in history." former9thward Oct 2019 #6
I'm actually all for ignoring them in this instance EarlG Oct 2019 #7
We may have lucked out. triron Oct 2019 #8
Yes, from our perspective. But, they weren't playing to us. They were playing into the meme Laura PourMeADrink Oct 2019 #16
I agree Takket Oct 2019 #18
I believe you are right on this Maeve Oct 2019 #21
These actions weren't taken "in the course of their legislative work." Garrett78 Oct 2019 #12
+1 crickets Oct 2019 #13
Joyce Vance is a better lawyer than I but I question the breadth of her statement. TomSlick Oct 2019 #15
They can lose their security clearances and thus ability to serve on any committe now &in the future hlthe2b Oct 2019 #20

The Velveteen Ocelot

(115,754 posts)
1. She's right. The Speech or Debate Clause of the Constitution
Wed Oct 23, 2019, 10:17 PM
Oct 2019

says that members of Congress can't be arrested for their conduct when they are acting as members of Congress. That doesn't mean they are immune from other sanctions.

The Velveteen Ocelot

(115,754 posts)
9. No, it isn't. The reason for the Speech or Debate Clause was
Wed Oct 23, 2019, 10:55 PM
Oct 2019

to insulate members of Congress from being arrested for political reasons. Without it you can bet the Trumpers would be hauling Dem congresspeople away every day.

choie

(4,111 posts)
11. so essentially, they're above the law as well.
Wed Oct 23, 2019, 11:11 PM
Oct 2019

the founders were wise in many ways, but making themselves and the president immune from being charged with crimes was not one of them.

The Velveteen Ocelot

(115,754 posts)
14. The Speech or Debate Clause is very narrow.
Wed Oct 23, 2019, 11:19 PM
Oct 2019

Congresspeople can't be arrested only while they are acting as Congresspeople in Congress. They are no more immune than anybody else when they aren't (Gravel v. United States). They also aren't immune from being prosecuted for "treason, felony, or breach of the peace."

unblock

(52,261 posts)
19. The text is specific and served a good purpose.
Thu Oct 24, 2019, 12:18 AM
Oct 2019

The president is not immune, imho. I think that's a pretty radical misinterpretation. The framers in no way intended to create even a temporary tyrant.

Congressional immunity is limited and designed to make sure the executive branch can't interfere with a congressional vote by arresting selected members of congress and preventing them from voting. They remain subject to all laws.

The only lasting immunity there have is basically free speech while acting as congresspeople.

unblock

(52,261 posts)
10. Actually, they can.
Wed Oct 23, 2019, 10:56 PM
Oct 2019

"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."

The question in this case is whether the deliberate breach of security procedures is enough to constitute a felony, or if the disruption of a classified congressional inquiry constitutes a breach of the peace. I think it does constitute a breach of the peace.

That said, this clause was meant to be a check on executive power, I don't think it really limits the right of the house to enforce its own rules on its members.

Varaddem

(432 posts)
17. This!
Wed Oct 23, 2019, 11:29 PM
Oct 2019

But then again; I still believe the brooks brothers rioters should’ve been treated like out of state civil rights marchers with water cannons, clubs and gunfire.

MontanaMama

(23,324 posts)
4. As I understand it
Wed Oct 23, 2019, 10:29 PM
Oct 2019

Their security clearances were not issued so they cannot be revoked. What a mess. They can be censured however.

Hassler

(3,380 posts)
3. Why not suspend their IDs to get into the building? They are still
Wed Oct 23, 2019, 10:28 PM
Oct 2019

In Congress--just like drunk drivers like Gaetz can keep their jobs, they just can't drive to them.

former9thward

(32,029 posts)
6. "Our grandchildren will study the SCIF disruption incident in history."
Wed Oct 23, 2019, 10:42 PM
Oct 2019

Ahh no. It will be forgotten in a week. Even on this site.

EarlG

(21,952 posts)
7. I'm actually all for ignoring them in this instance
Wed Oct 23, 2019, 10:44 PM
Oct 2019

I’m not disagreeing that what they did today was absolutely shocking, but really, what did they gain from it? They marched into the room with all the gravitas of a ten year old demanding that he stay up past his bedtime, stood around for a while, ordered some pizza, realized they looked ridiculous, and then left. And then the deposition carried on anyway.

They were hoping to provoke a reaction, and they didn’t get one. I’d argue that they gained nothing today, and just made themselves look childish and desperate. From a political point of view I think that — this time at least — we might be better off shaking our heads and rolling our eyes at their clown tactics.

 

Laura PourMeADrink

(42,770 posts)
16. Yes, from our perspective. But, they weren't playing to us. They were playing into the meme
Wed Oct 23, 2019, 11:28 PM
Oct 2019

that we aren’t being fair. Solidifying the meme for trump

Takket

(21,581 posts)
18. I agree
Wed Oct 23, 2019, 11:33 PM
Oct 2019

Rethugs were actually ASKING to be arrested because they wanted to make it an even bigger spectacle than it was of the “tyrant Schiff “ brutalizing patriots who just want the public to know the truth. Or some such bullshit. Dems handled thugs temper tantrum perfectly.

Maeve

(42,282 posts)
21. I believe you are right on this
Thu Oct 24, 2019, 08:20 AM
Oct 2019

More of the media are treating this as a stunt that fizzled--the Nunes-like nonsense isn't playing like it used to.
And the devil hates to be ridiculed.

Garrett78

(10,721 posts)
12. These actions weren't taken "in the course of their legislative work."
Wed Oct 23, 2019, 11:11 PM
Oct 2019

They had no business being there, they obstructed due process and they brought electronic devices into what is supposed to be a secure room. They were in the building where they work, but they had no business being where they were. So, basically, she's saying you can't prosecute members of Congress as long as they're, what, anywhere on government property? Just like a president can't be indicted, even if he/she is shooting people at will. Madness.

TomSlick

(11,100 posts)
15. Joyce Vance is a better lawyer than I but I question the breadth of her statement.
Wed Oct 23, 2019, 11:23 PM
Oct 2019

I think the issue would be whether the Republican stunt is a "legislative act." A good argument could be made that disrupting the legislative processes in violation of House rules is not a "legislative act."

Attached is a link to a helpful white paper from the Congressional Research Service.

[link:https://fas.org/sgp/crs/misc/R45043.pdf|

hlthe2b

(102,301 posts)
20. They can lose their security clearances and thus ability to serve on any committe now &in the future
Thu Oct 24, 2019, 07:53 AM
Oct 2019

that requires one.





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