The VP draws power from both the executive branch and Congress — and Pence’s Jan. 6 role was explicitly on the congressional side of the line, allies say.
— Kyle Cheney (@kyledcheney) February 14, 2023
That makes a DOJ subpoena off limits under the Constitution’s speech or debate clause.https://t.co/4SzERqHv0g
The biggest questions:
— Kyle Cheney (@kyledcheney) February 14, 2023
-Is the Jan. 6 session of Congress a “legislative” activity or something bigger?
-If it applies at all, how far does Pence’s legislative immunity extend?
Experts say it’s the first time this issue will be explicitly tested. https://t.co/4SzERqHv0g
Most importantly: The speech or debate clause is nearly impenetrable when it comes to the official business of Congress. Unlike executive privilege, there are virtually no exceptions.
— Kyle Cheney (@kyledcheney) February 14, 2023
Hard to argue Pence’a Jan. 6 role wasn’t part of his official business. https://t.co/4SzERqHv0g
Asha Rangappa IS a lawyer.Put simply: A court (probably the Supreme Court) is going to have to decide whether Pence must testify. And in the process, it may answer unresolved questions about the vice presidency itself. https://t.co/4SzERqHv0g
— Kyle Cheney (@kyledcheney) February 14, 2023
My arguments if I were on Smith’s team:
— Asha Rangappa (@AshaRangappa_) February 14, 2023
1. VP, even in role as Senate Pres, is not a “Senator or Representative” (referent for “they”)
2. Legislative priv, like exec priv, must yield to criminal process (c.f., U.S. v. Nixon)
3. GJS concerns actions/speech outside of leg duties https://t.co/ZtURFdReJU pic.twitter.com/NPSvuEwXTx
It helps to know what the fuck you’re talking about.It would be truly idiotic to interpret a privilege intended to -protect- the institutional role of Congress from [checks notes] an investigation into an attempt to disrupt the institutional role of Congress and an *armed attack* on the Congress itself https://t.co/ctsesY0bYg
— Asha Rangappa (@AshaRangappa_) February 14, 2023
No comments:
Post a Comment