4 ms·

The DOJ's brief says on p. 16, footnote 5: "Sixteen members of the House of Representatives as amici curiae raise two concerns regarding information sharing bet

The DOJ's brief says on p. 16, footnote 5: "Sixteen members of the House of Representatives as amici curiae raise two concerns regarding information sharing between the Executive Branch and Congress: (1) that because much of the information they receive is classified, they cannot discuss it in congressional debate..." I had thought that the Constitution guaranteed Congress the right to say anything when they are talking aboiut legislation ("...and for any Speech or Debate in either House, they shall not be questioned in any other Place.", the Speech or Debate clause.) Any Constitutional lawyers here? How do these two things jibe?

dangrossman 13y ago
They're talking about someone in the executive branch sharing information with someone in congress. Protections the legislators have on their speech don't apply to the people speaking TO them. IANAL, just speculating.
Zigurd 13y ago
You might think so, but that immunity excludes felonies, and felonies are cheap these days.
- ganeumann 13y ago
  Does it? That's not how I read it, but I'm not a Constitutional Lawyer. Here's the full clause "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 guess the semicolon can be interpreted in two ways, although I interpret the Speech or Debate clause as being only after the semicolon; the use of "and for any..." also does not seem to exclude felonies. Logically the clause would also seem to lose any bite it might have if things the legislature declared a felony were then excluded from Speech or Debate. But again, IANACL.

dangrossman 13y ago

They're talking about someone in the executive branch sharing information with someone in congress. Protections the legislators have on their speech don't apply to the people speaking TO them. IANAL, just speculating.

Zigurd 13y ago

You might think so, but that immunity excludes felonies, and felonies are cheap these days.

ganeumann 13y ago
Does it? That's not how I read it, but I'm not a Constitutional Lawyer. Here's the full clause "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 guess the semicolon can be interpreted in two ways, although I interpret the Speech or Debate clause as being only after the semicolon; the use of "and for any..." also does not seem to exclude felonies. Logically the clause would also seem to lose any bite it might have if things the legislature declared a felony were then excluded from Speech or Debate. But again, IANACL.