Congressmen are exempt from accountability

Created
Thu, 14/09/2023 - 07:00
Updated
Thu, 14/09/2023 - 07:00
Good to know According to the DC Circuit, congressional reps can foment coups and there’s nothing anyone can do about it: A top House conservative’s conversations with allies in Congress and the Trump White House about overturning the 2020 election are off-limits to special counsel Jack Smith, an appeals court ruled in a newly unsealed court opinion. A three-judge panel of the D.C. Circuit Court of Appeals concluded that prosecutors’ effort to access the cellphone communications of Rep. Scott Perry (R-Pa.) with colleagues and executive branch officials violated his immunity under the Constitution’s Speech or Debate clause, which shields members of Congress from legal proceedings connected to their official duties. “While elections are political events, a Member’s deliberation about whether to certify a presidential election or how to assess information relevant to legislation about federal election procedures are textbook legislative acts,” Judge Neomi Rao wrote in the opinion issued last week. The decision breaks new ground in a decadeslong tug-of-war between Congress and the executive branch. For the first time, an appeals court has held that lawmakers’ cellphones are subject to the same protections as their physical offices. And it is the first significant legal setback for Smith in his bid to obtain evidence about involvement by allies of then-President Donald Trump in his effort to subvert the 2020 election. It’s unclear whether Smith will appeal the decision to the full bench of the D.C. Circuit or to the Supreme Court. His office declined to comment, as it did last week when the…