Is it illegal to arrest a US senator?

One of my little right wing buddies, in a discussion about Larry Craig, said:

"Craig was on official Senate business when he was arrested. Once he identified himself as a U.S. Senator his arrest was illegal under the U.S. Constiution and he should have been released. He was too stupid and ignorant not to have made that claim."


:wtf:

So a US senator can't be arrested if he is in his way to or from DC? What if he murders someone?

wouldn't have craig's lawyers jumped on that?

Perhaps he is thinking (?) about ambassadors from other countries? Diplomatic immunity doesn't apply to US senators breaking the law in the USA.

Coming or going. huh. Thanks for the correction.

Wrong about the Constitution - it says nothing abut protecting U.S. senators from arrest. Wrong about Craig - he was on official senate business in the men's room??! What does "official senate business constitute these days, anyway??!

Wrong about everything, your little right wing buddy.

see below.

I think Craig's lawyers tried to use that in their appeal or their request to withdraw the guilty plea.

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 knew that was around here somewhere. :)

This only applies in the Capitol when the Senate is in session.

"and in going to and returning from the same" - he was on his way back to the capitol. It's a stupid rule but there it is.

all members who were going to vote for or against something and locking them up for 48 hours to prevent them from getting to DC to vote.

Why was she detained when she got into that scuffle with the security guy?

The immunity provided by Article I, SEction 6 is very narrow. On its face it doesn't apply to arest for "Felony or Breach of the Peace". See below:
"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"

But the SCOTUS held 100 years ago that it applies to any criminal charge,even a misdemenor. Which is why Janklow and Craig didnt raise. On occasion it get thrown around to avoid arrest, such as when Robert Byrd had a fender bender and talked his way out of a ticket by citing the constitution. But, in fact, the police aren't constitutionally barred from giving a ticket to a member of Congress even though they sometimes think that they are or choose to use the constitional provision as an excuse to avoid a dust up with a prominent person.

he's home free. :)

Can't find a link, but a Rep lawmaker killed someone a couple of years ago DUI.

on edit: http://en.wikipedia.org/wiki/Bill_Janklow

He was just his usual inattentive self.

so that is why I couldn't find the link.

He hit a motorcycle at an intersection on an empty rural road on a perfect day.

Janklow doesn't even have a criminal record from that conviction. The judge issued a suspended imposition of sentence, which effectively removes the felony from his record.

http://www.foxnews.com/printer_friendly_wires/2007Jan21/0,4675,JanklowProbation,00.html

So would offering a cop a blow job.

He was not going directly to the Senate. No one was interfering with his ability to do his duties in Washington, D.C., except himself.

they are on their way to conduct *Official* business. Craig was doing a different kind of business.

Wasn't she detained?

I know Illinois law does not allow for the detaining the above mentioned for traffic offenses and misdeamenors. However for Felony offenses I believe they can be detained and battery of a police officer, when said officer, is clearly identified is a felony.

:rofl: :rofl: :rofl: :rofl: :rofl: :rofl: :rofl: :rofl: :rofl: :rofl: :rofl: :rofl: :patriot:

I must have missed that meeting. :eyes:

:)

Well, I guess that is true for them, just business as usual. Fucking over the common people everywhere and anywhere is the only "official business" their party ever conducts.

:)