independently assisting oversight of highly classified programs

grarpamp grarpamp at gmail.com
Sat Jan 18 23:53:21 PST 2014


On Sat, Jan 18, 2014 at 6:49 PM, Cari Machet <carimachet at gmail.com> wrote:
> On Sun, Jan 19, 2014 at 12:43 AM, coderman <coderman at gmail.com> wrote:
>> On Sat, Jan 18, 2014 at 2:59 PM, grarpamp <grarpamp at gmail.com> wrote:
>> > ...
>> > Though lacking a reference, I believe members of congress may
>> > speak/leak at will on the floor in open public session and shall not
>> > be held to any crime for doing so. Of course in return the government
>> > or the public may not support their ongoing candidacy.
>>
>> citation?  my understanding is that statements in congress are public,
>> and subject to same unauthorized disclosure laws.  only the POTUS can
>> unilaterally decide to "leak" something in public without legal
>> repercussions (impeachment aside).
>
> they cannot speak/leak neither can the executive branch > see dick cheney


"""
US Constitution - Art 1, Sec 6:
The Senators and Representatives ... 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 bit after the semicolon is interesting. It appears to grant
immunity outside Place of Congress for speech in Congress, and since
Congress has no real internal law/police/judge/jail of its own,
speak all you want. This has been subsequently developed...
https://en.wikipedia.org/wiki/Speech_or_Debate_Clause

Then there's Art 1 Sec 5 PP2 and PP3 and so on that might be applied
after the fact. Though right now there is CSPAN and observation
balconies for the public/press, so any speech bombs that someone
drops would make it out to the world.

Congress (Sen/Rep) is not the Executive (VP), so different rules can
and do apply there.



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