Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

McKinney's Office Responds ("Oops, I'm sorry -- sort of...")
WXIA-TV Atlanta ^ | 3.29.06 | Michael King

Posted on 03/29/2006 7:38:16 PM PST by mhking

click here to read article


Navigation: use the links below to view more comments.
first previous 1-20 ... 41-6061-8081-100101-119 last
To: Lurker
***Rep. Cynthia McKinney (D-GA) punched a U.S. Capitol Police officer today after he mistakenly pursued her for failing to pass through a metal detector... The entire incident is on tape. The cop is pressing charges and the USCP are waiting until Congress adjourns to arrest her, a source claims... Developing... ***

Good!!! I sincerely hope he sticks with it. Soooo glad it's on tape. Sure hope that tape is in a safe place...know what I mean?

101 posted on 03/30/2006 7:07:18 AM PST by mrs tiggywinkle
[ Post Reply | Private Reply | To 87 | View Replies]

To: ordinaryguy; Howlin

"Did they arrest her?"

"Check out The Constitution of the United States, Article 1, Section 6(1). Dunno if hitting a Capital Guard meets the criteria. Anyone?"



Members of Congress are privileged from arrest during attendance at congressional sessions and while coming and going thereto, *except* for "treason, felony and breach of the peace." Those three exceptions should encompass pretty much every crime imaginable, which should not surprise us, since the Arrest Clause was adopted to protect members of Congress against "civil arrests," which were common at the time of the founding, and in which a person could order you arrested when he sued you so as to guarantee that you'd show up in court. I think that, at a bare minimum, McKinney punching the guard was a misdemeanor breach of the peace and as such she should not be prvileged from arrest.


102 posted on 03/30/2006 7:16:08 AM PST by AuH2ORepublican (http://auh2orepublican.blogspot.com/)
[ Post Reply | Private Reply | To 83 | View Replies]

To: mhking
I'd pay good money to see Cynthia McKinney hit with a taser or stun gun and flopping around on the ground!

The cops should've shown her what a nightstick is for!

103 posted on 03/30/2006 7:20:22 AM PST by The Sons of Liberty (Former SAC Trained Killer)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SR 50
"Don't send her to Iraq on a fact finding tour. If she tried this at a US Military check point, she would get her ass blown away."

OTOH, maybe we should send her!

104 posted on 03/30/2006 7:20:59 AM PST by JustaDumbBlonde
[ Post Reply | Private Reply | To 84 | View Replies]

To: Unmarked Package
I doubt she is in the same league with Sheila Jackson Lee for utter stupidity.

I'll see your bet and raise you - she is an arrogant, ignorant, racist b**ch!

105 posted on 03/30/2006 7:24:27 AM PST by The Sons of Liberty (Former SAC Trained Killer)
[ Post Reply | Private Reply | To 56 | View Replies]

To: cripplecreek

McKinney is a Pinko commie piece of Trash.


106 posted on 03/30/2006 7:47:04 AM PST by LtKerst (Lt Kerst)
[ Post Reply | Private Reply | To 3 | View Replies]

To: mrs tiggywinkle
I'm getting the idea she's a racist...?

That is my opinion from her own words and deeds. Also, a racist whose primary financial backers don't live in Georgia and have Arabic names.

107 posted on 03/30/2006 8:18:14 AM PST by Sender (As water has no constant form, there are in war no constant conditions. Be without form. -Sun Tzu)
[ Post Reply | Private Reply | To 100 | View Replies]

To: mhking
What Cynthia said: "I know that Capitol Hill Police are securing our safety, that of thousands of others, and I appreciate the work that they do...

What Cynthia meant: ...keeping you little people away from me.

What Cynthia said: I deeply regret that the incident occurred.

What Cynthia meant: But if the officer had just recognized me, as he should, and waved me through knowing who important I am, I wouldn't have to have hit him. He brought it on himself, and let that be a lesson to all of you all.

What Cynthia said: I have demonstrated my support for them in the past and I continue to support them now."

What Cynthia meant: And I will continue to support all of you who treat us important people like the royalty we are.

She's quite a woman.

108 posted on 03/30/2006 9:52:29 AM PST by fortunecookie
[ Post Reply | Private Reply | To 1 | View Replies]

To: AuH2ORepublican
"except* for "treason, felony and breach of the peace.


I found a site, that states that assault on a police officer is a felony in DC. It has a drop down menu that I can't get to work, though.

http://www.pdsdc.org/CriminalLawDatabase/cldChargeDef.asp?DivID=cjdParole
109 posted on 03/30/2006 10:10:18 AM PST by hoppity
[ Post Reply | Private Reply | To 102 | View Replies]

To: hoppity

"I found a site, that states that assault on a police officer is a felony in DC. "



I guess McKinney will claim that she can't be charged with a felony because (i) the security guard wasn't a "police officer" under the statute, (ii) if the security guard is covered by the statute, she didn't hit him hard enough for it to constitute an "assault," and (iii) even if she hit him hard enough, it wasn't an "assault" because she was acting in self defense.

But even if they can't arrest her for a felony, I think they can arrest her for a misdemeanor involving "breach of the peace," which arrest would also be allowed by the Constitution.


110 posted on 03/30/2006 10:18:16 AM PST by AuH2ORepublican (http://auh2orepublican.blogspot.com/)
[ Post Reply | Private Reply | To 109 | View Replies]

To: AuH2ORepublican

He is a police officer, according to the first sentence of this article. I thought they were related to the Secret Service, but I'm probably wrong on that assumption.


111 posted on 03/30/2006 11:06:31 AM PST by hoppity
[ Post Reply | Private Reply | To 110 | View Replies]

To: hoppity

He's a Capitol police office. I don't think it's the same thing as a D.C. police officer, and I have no idea whether the DC law making it a felony to assault a police officer applies only to DC cops or also to Capitol cops.

Regardless, I think she could be arrested for misdemeanor breach of the peace.


112 posted on 03/30/2006 11:13:51 AM PST by AuH2ORepublican (http://auh2orepublican.blogspot.com/)
[ Post Reply | Private Reply | To 111 | View Replies]

To: lilyred

What do you mean? Cynthia McKinney IS special!


113 posted on 03/30/2006 1:01:27 PM PST by hershey
[ Post Reply | Private Reply | To 5 | View Replies]

To: mhking

Bummer.

I don't think I'd support her for that office, but if I were living in McKinney's district, I'd gladly cross over in the primary and vote for her there.


114 posted on 03/30/2006 1:54:31 PM PST by zbigreddogz
[ Post Reply | Private Reply | To 77 | View Replies]

To: skip_intro
Kind of puts a little perspective on how important these rats feel above the ordinary citizen. These people have no
consideration for anyone other than themselves, and this is very visible through their voting records. They have sold America out to their own self gratification.
115 posted on 03/30/2006 2:05:42 PM PST by buck61
[ Post Reply | Private Reply | To 6 | View Replies]

To: AuH2ORepublican
You wrote: "He's a Capitol police office. I don't think it's the same thing as a D.C. police officer, and I have no idea whether the DC law making it a felony to assault a police officer applies only to DC cops or also to Capitol cops. Regardless, I think she could be arrested for misdemeanor breach of the peace.

The police officer could press charges of assault, but could not have arrested her on the spot because the Capitol Police serve at the behest of Congress. That is why, under our system of government, we have a separate police agency for Congress. Vicomte13 explained it perfectly like this:
"The Capitol police serve at the behest of CONGRESS. CONGRESS puts them there. Congress can remove them from there. There is no power in the United States that can put ANY police in the Capitol against the will of Congress, not even for national security purposes. And that's not a LITTLE thing. America has no praetorian guard that does not answer to the Congress as the supreme political authority. The Capitol police, in particular, are there because Congress puts them there. Congress does not answer to them. They answer to Congress. If you think about it for a minute, Civics 101, you will see why that MUST be so. Because if it isn't, then who, precisely, commands the men who have the only guns in the Capitol building of the United States? Who commands the only men with guns who stand guard over, and allow access in and out of, the lawmakers of the United States? If the answer to that is anybody but the lawmakers themselves, there is a peril to the independence of Congress. There's nothing theoretical about that either. Three lessons from history: the historical praetorian guard itself, the English use of the constabulary in Queen Elizabeth's reign to selectively arrest members of Parliament on their arrival at Parliament, so as to prevent their voting on closely contested measures favored by the royal party, and of course Abraham Lincoln's use of the armed forces to forcibly arrest the legislature of the State of Maryland, in the Maryland state capitol building itself, to prevent them from voting to secede from the Union. Whoever controls the men with the guns who guard Congress ULTIMATELY can exert control over Congress. And that is why the Capitol police ARE in fact, servants of Congress, and nobody but Congress, and why they must answer to Congress, and why they have, and can have, no authority whatever over Congress. Any armed man in the US Capitol must be a servant of the Congress that sits there. Congress serves the people. The Capitol police have to serve Congress, and nobody else, to keep Congress from serving whoever controls the Capitol police from controlling Congress. Granted, that's not Civics 101, but Civics and Political History 401, but it's not a little thing. That's how every republic in history has fallen: to its armed guardians. Capitol police are the creatures of Congress. They have to be if you want to stay free.

116 posted on 03/30/2006 2:14:32 PM PST by rodeocowboy
[ Post Reply | Private Reply | To 112 | View Replies]

To: rodeocowboy

Very interesting. But if DC law says that it's a felony to assault a police officer, and the term "police officer" includes not only DC police, but police from other states and the Capitol police, then McKinney can be charged with a felony whether or not the Capitol policeman presses charges. The Capitol policeman may be beholden to Congress, but the eyewitnesses who would testify as to the assault are not so restrained. Besides, even if you are employed by a company, that does not mean that you can't charge a director with assault if she strikes you in the chest.

And while it is true that Congress hires the Capitol policemen, and can remove them if it wishes, Cynthia McKinney ain't Congress. She is one of 435 members of the House of Representatives, and the Capitol police do not serve at *her* will, but at the collective will of the House and Senate. The Executive Branch may not be able to hire or fire the Capitol police, but neither can Cynthia McKinney by herself. And to the extent that she committed a felony or a breach of the peace, she is *not* privileged from arrest even if the House is in session, and even if her crime was committed within the Capitol.

Of course, a member of Congress cannot be charged with a crime for any "speech or debate" within Congress, and such phrase may be interpreted to apply to all legislative duties, including drafting bills, meeting with constituents, etc. But striking a police officer in the chest is *not* a legislative duty, so McKinney is not immune from prosecution for that action.


117 posted on 03/30/2006 2:30:14 PM PST by AuH2ORepublican (http://auh2orepublican.blogspot.com/)
[ Post Reply | Private Reply | To 116 | View Replies]

To: mhking

She was probably on her way to a nail appointment or something like that. I can't imagine her actually working for her constituants. LOL


118 posted on 03/30/2006 3:54:07 PM PST by freekitty
[ Post Reply | Private Reply | To 1 | View Replies]

To: All

Everyone needs to watch the repeat of Brit's show tonight...it seems Cindy has a long history of slapping LEOs.....


119 posted on 03/30/2006 3:56:13 PM PST by mystery-ak (Army Wife and Army Mother.....toughest job in the military)
[ Post Reply | Private Reply | To 118 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 41-6061-8081-100101-119 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson