Posted on 05/27/2025 10:05:47 AM PDT by John Semmens
Rep. LaMonica McIver (D-NJ) announced that she has rebuffed an offer of a "plea deal" from Interim US Attorney for New Jersey Alina Habba. "It says right in the Constitution that members of Congress are immune from arrest," she boasted. "It also says members of Congress shall not be questioned in any other place. Court is where Ms. Habba wants me to go to answer her questions. Well, I'm not going and she can't make me."
Habba said "for one thing, we have video of Rep. McIver body-slamming an ICE agent. For another, I think she is misinterpreting what the Constitution says. There is a clause in the Constitution that grants members of Congress immunity from arrest except for 'Treason, Felony and Breach of the Peace.' Physically assaulting a law-enforcement office is both a felony and a breach of the peace. As for the Constitution's protection for members of Congress 'not being questioned in any other place' that applies to speeches or statements made in Congress. It's a special form of freedom speech. It most definitely does not mean she is free to assault someone."
McIver insisted that "being a member of Congress entitles me to investigate federal facilities in-person. That is what I was attempting to do when I was rudely interrupted by Trumps ICE goons. I met force with counter force. I am no more guilty than the folks who rioted against the police murder of George Floyd. My people have been enslaved and mistreated for 400 years. That's far worse than the little scuffle Ms. Habba wants to put me in prison for."
In related news, in a speech to University of Minnesota law school graduates, former Democrat nominee for Vice-President Tim Walz called ICE agents "Trumps modern day Gestapo. The roam the streets harassing and arresting immigrants who haven't got the required 'papers' needed to stay in this country. They've got tattoos and criminal records, but President Biden brought them to America for a reason. Now Trump just sent a whole bunch of these folks to a prison in El Salvador even though multiple district court judges told him not to. You are graduating into a genuine emergency. I hope you will fight to save our democracy from this madman."
She was wearing her Sunday-best at the protest for the cameras. Hope it was worth it.
habba habba
Totally agree.
They can't be arrested on the way to a vote. The measure is there to prevent the exec branch from keeping congressmen away who might not vote favorably on a law the exec wants.
But this is easily cured by simply allowing the congressman to vote from jail.
It has the added benefit of getting them a little extra break time in between breaking rocks.
She gonna wait til Patel and Bongino let her off scot-free ;-)
Per ChatGPT
Per the constitution of the United States, is there any restriction on arresting lawmakers
ChatGPT said:
Yes, the U.S. Constitution does place a limited restriction on arresting lawmakers while they are in the course of performing their official duties.
Relevant Constitutional Clause
Article I, Section 6, Clause 1 of the U.S. Constitution, often referred to as the “Speech or Debate Clause,” states:
“They [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.”
What This Means
Limited Immunity from Arrest:
Members of Congress (and by extension, many state legislators under similar state constitutional provisions) cannot be arrested while:
Attending legislative sessions,
Going to or coming from those sessions,
Unless they are being arrested for:
Treason
Felony
Breach of the peace (which courts have interpreted broadly to include almost any public offense).
Speech or Debate Immunity:
They are also protected for any legislative acts, especially speeches, debates, and votes made during official proceedings — they cannot be prosecuted or sued for these actions.
Practical Application
This immunity is not absolute and does not protect lawmakers from criminal investigations or arrest outside the specific times or conditions mentioned above.
In modern practice, “breach of the peace” has been interpreted broadly enough that almost any crime could lead to arrest, even if the legislator is on their way to a session.
That part of the Constitution was written in cursive, so it may be out of reach for the congresswoman in question.
Which Constitution is she talking about? Explains why Conress Members run for Congress - Licence to steal legally according to her Constitution?
Rep. LaMonica McIver didn’t read the fine print only what she wanted to see fail ensued.
Members of Congress immunity from arrest except for ‘Treason, Felony and Breach of the Peace.’ Physically assaulting a law-enforcement office is both a felony and a breach of the peace.
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