Kennedy has said that he did not ask for special treatment.
B/S what was the statement I am on the way to vote for? There are only three things he could be arrested for if indeed he were on the way to vote and DUI is not one of them.
Exactly, he was not only "asking" for special treatement he was "demanding" special treatment.
Not so. The courts have held that "treason, felony, or breach of the peace" covers all criminal offenses. Nowadays, a privilege against arrest in a civil case is no great matter; but it was important in the early days of the Union, when imprisonment for debt was common.
In any case, the Capitol Police officers would have known the House was not in session; it's their job to know.
I wondered to whom the Capitol Police answer. It tuns out that the force is under a Board consisting of the Architect of the Capitol and the Sergeants-at-Arms of the two Houses. The Architect of the Capitol is a Clinton appointee (his term expires next year), but the Sergeant-at-Arms of each House was elected by the current membership.
"Kennedy has said that he did not ask for special treatment."
He's probably right. "Ask for" and "demand" are two different things.