Craig's arrest was.....unconstitutional??
By bs Posted in Law — Comments (21) / Email this page » / Leave a comment »
Now here's an interesting development. It appears that there is a constitutional loophole that may save Craig's bacon, although the guy has already written his own ticket out of the Senate. Apparently there is a constitutional clause that makes it illegal to arrest a member of Congress when he is traveling to/from a Congressional session.
I think someone snuck into the Archives and changed the Constitution when we weren't looking. Has anyone seen Nicholas Cage lately?
The authorities should be more careful.
It would be Bush's fault of course, and written off as 'another Constitutional crime.'
Evil prevails only when good men do nothing.
Except that he's already pled guilty and accepted the punishment.
The police didn't inform him of his constitutional right to break the law while in transit to DC. I smell an addendum to the Miranda warning here.
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Underlying most arguments against the free market is a lack of belief in freedom itself. - Milton Friedman
From Article I, Section 6:
They 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.
If someone pleaded guilty to an ex post facto law, for example, would that guilty plea still be valid?
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(Formerly known as bee) / Internet member since 1987
Member of the Surreality-Based Community
Interesting... next question... Craig pled to "disorderly conduct". Would that be the same as "Breach of the Peace"?
In his autobiography, Barry Goldwater admitted to, on his commute back from the Capitol, driving the wrong way on a one-way street for a very short distance every time he returned to his apartment in DC. The alternative was, thanks to the one-ways, a long awkward way around, and since according to the Constitution, congressmen are immune to arrest while traveling to or from the Congress, he was technically legal to do so.
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(Formerly known as bee) / Internet member since 1987
Member of the Surreality-Based Community
...a long habit of not thinking a thing wrong, gives it a superficial appearance of being right...
---Thomas Paine---
Was the disorderly conduct the touching of their shoes? I have not heard what the offensive act was that was disorderly. He did not plead to the lewd activity charge, which everyone is assuming he did.
That point pisses me off about the media. They all have implied that Craig plead guilty to lewd behavior. I think the guy was trying to pick up in the bathroom but the arrest was bogus and the reporting was bogus. Craig just made a total mess of everything pleading guilty to lesser charges and announcing resignation then possibly changing his mind, and not getting representation in the first place. He should just go away for pure stupidity.
Ask not what you can do for your country, ask what your country can do for you. Washington Elected Elite
someone in Indiana will convince him to bow out. He had a reputation before this incident. Some articles referenced him during the Foley incident.
Does he really think that the voters are so stupid? Maybe so. Specter apparently thinks so.
Unless you talking about Lugar asking him to bow out you got the wrong state my friend.
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Notice to All - I am an independent who has voted for Senator Bayh (Democrat) and Senator Lugar (Republican) along with over 60% of my state. You may take what I say with a grain of salt at your own party'
Wait a sec, why was there a dustup over prefferential treatment after Pat Kennedy's car accident then? The officers couldn't have arrested him if they wanted to.
It is a mistake to think you can solve any major problems just with potatoes.
Ted Kennedy has created a precedent that drinking is a part of congressional sessions.
Ask not what you can do for your country, ask what your country can do for you. Washington Elected Elite
And he claimed he was going to a session of Congress, but it was at 2 AM and the Congress was not in session.
I don't care if he is gay or not.
He pleaded guilty. He signed a paper that said he knew what he was doing and that he was guilty.
The audio tape doesn't prove anything. It is a he said he said thing.
Perhaps he wouldn't have been convicted if he went to trial -- but that was his decision. He thought he could sweep it under the rug.
Apparently that guy who runs the website outting gay Republicans (which I won't link to) has other "evidence" that Craig is gay. That has nothing to do with his trial or trying to overturn a guilty plea, but it would come out if there is an ethics investigation, wouldn't it?
This is the kind of guy that we need to sweep out. The longer this stays on the front page the more damage he does to the GOP brand.
If the leadership knows of more of these guys -- not gay, I don't care if they are gay or straight -- but these things seem to be "open" secrets -- then they need to clean house (and senate). Don't wait until next year so we can have some more surprises like Foley in October.
This seat is only in play if Craig stays in the Senate. If Craig does not retire on the 30th then Republicans will have to spend money they don't have in a state they shouldn't have to. In fact I will probably go to say if Craig doesn't retire I think you will see a surprise pickup by the Democrats. This race shouldn't be in play at all and Spector is hurting the Republican party by convincing him to stay.
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Notice to All - I am an independent who has voted for Senator Bayh (Democrat) and Senator Lugar (Republican) along with over 60% of my state. You may take what I say with a grain of salt at your own party'
Disorderly conduct is exactly what the constitutional exception contemplates.