5 ms·

When members of congress lie when speaking to other members of congress, why aren't they held to this law?

by brianstorms 15y ago

ctdonath 15y ago
The government, and its agents, are exempt from most laws.
- ims 15y ago
  How so? I can't think of where that would hold true, aside from certain liability issues and other circumstances where it would be impractical or contrary to the public interest.
  - rdtsc 15y ago
    Because the government is sovereign entity and can only be sued if it allowed itself to be sued. In fact it is exactly the opposite, the government allows itself to be sued in some tort cases (the liability you mention), in some cases involving IP, and even there you don't get a trial by jury -- a federal judge will decide if the federal govt. is guilty or not (yeah I know...).
    - ims 15y ago
      Right but we're not talking about lawsuits. We're talking about criminal law and government agents being bound by laws.
rbranson 15y ago
Perhaps because they write the laws?
piguy314 15y ago
Article One, Section Six of the constitution protects legislators from prosecution for what they say on the floor of the houses except for sanction by the legislature itself. >and for any Speech or Debate in either House, they shall not be questioned in any other Place. http://en.wikipedia.org/wiki/Article_One_of_the_United_States_Constitution#Clause_1:_Compensation_and_legal_protection http://en.wikipedia.org/wiki/Article_One_of_the_United_State...
nokcha 15y ago
They have Constitutional immunity for anything they say in either house of Congress: "for any Speech or Debate in either House, they shall not be questioned in any other Place" (Art. I, Section 6).
- whatusername 15y ago
  For an Australian example -- a senator recently named a Priest accused but not charged of rape. http://www.abc.net.au/news/2011-09-13/xenophon-names-alleged-sex-abuse-priest/2897744/?site=melbourne http://www.abc.net.au/news/2011-09-13/xenophon-names-alleged... Said in Parliament as otherwise it could be considered defamation (ie -- The priest has not been proven guilty in a court)

When members of congress lie when speaking to other members of congress, why aren't they held to this law?

ctdonath 15y ago

The government, and its agents, are exempt from most laws.

ims 15y ago
How so? I can't think of where that would hold true, aside from certain liability issues and other circumstances where it would be impractical or contrary to the public interest.
- rdtsc 15y ago
  Because the government is sovereign entity and can only be sued if it allowed itself to be sued. In fact it is exactly the opposite, the government allows itself to be sued in some tort cases (the liability you mention), in some cases involving IP, and even there you don't get a trial by jury -- a federal judge will decide if the federal govt. is guilty or not (yeah I know...).
  - ims 15y ago
    Right but we're not talking about lawsuits. We're talking about criminal law and government agents being bound by laws.

rbranson 15y ago

Perhaps because they write the laws?

piguy314 15y ago

Article One, Section Six of the constitution protects legislators from prosecution for what they say on the floor of the houses except for sanction by the legislature itself. >and for any Speech or Debate in either House, they shall not be questioned in any other Place. http://en.wikipedia.org/wiki/Article_One_of_the_United_States_Constitution#Clause_1:_Compensation_and_legal_protection http://en.wikipedia.org/wiki/Article_One_of_the_United_State...

nokcha 15y ago

They have Constitutional immunity for anything they say in either house of Congress: "for any Speech or Debate in either House, they shall not be questioned in any other Place" (Art. I, Section 6).

whatusername 15y ago
For an Australian example -- a senator recently named a Priest accused but not charged of rape. http://www.abc.net.au/news/2011-09-13/xenophon-names-alleged-sex-abuse-priest/2897744/?site=melbourne http://www.abc.net.au/news/2011-09-13/xenophon-names-alleged... Said in Parliament as otherwise it could be considered defamation (ie -- The priest has not been proven guilty in a court)