The US Constitution says (Art 1, Sec 5, Clause 5):
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;
Was Larry Craig "going to" or "returning from" "attendance at the session" of the Senate when he played footsie with the cop in Minneapolis? Also, was he "detained" or "arrested"? Is there a difference? Lawyers of the world help me! Anyone with answers to any of these questions please email me at schaffsdp at gmail.com.
I note that even if Larry Craig beats the legal rap, politically he is swimming with Luca Brasi.
Update: Reader Victor helpfully sends along this Find Law link (scroll down):
Privilege From Arrest This clause is practically obsolete. It applies only to arrests in civil suits, which were still common in this country at the time the Constitution was adopted. 376 It does not apply to service of process in either civil 377 or criminal cases. 378 Nor does it apply to arrest in any criminal case. The phrase ''treason, felony or breach of the peace'' is interpreted to withdraw all criminal offenses from the operation of the privilege. 379
Recent Comments