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View Diary: Teabagger Shutdown is not a "Political Strategy," but Violation of Constitution, Duties & Oath (149 comments)

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  •  UW - members of Congress have broad immunity (5+ / 0-)

    for their actions, or non-actions, as legislators. No prosecutor would ever indict a member of Congress because of their legislative actions, or lack of action. The answer to this is political, not criminal and certainly not through the courts. The courts will view this as the natural adversarial relationship between the legislative and executive branches.  The courts will not touch it.

    "let's talk about that"

    by VClib on Wed Oct 02, 2013 at 02:11:57 PM PDT

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    •  The courts will have to touch it soon (10+ / 0-)

      If the GOP don't see reason: the laws requiring spending will be in direct conflict with the laws requiring that no more money be borrowed.

      Whether Obama in that case chooses one path or another, he is bound to be sued.

      Fake candidates nominated by the GOP for the recalls: 6 out of 7. Fake signatures on the recall petitions: 4 out of 1,860,283.

      by GeoffT on Wed Oct 02, 2013 at 02:19:15 PM PDT

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    •  Broad Immunity- we noticed (4+ / 0-)
      Recommended by:
      Tonedevil, I love OCD, elwior, sethtriggs

      But, the context is always important. Republicans are united on the reason for the shutdown, to force a law to be changed. That is neither legal or constitutional.

      Broad immunity from the basic dereliction of their duty. Fer christ sakes they hauled Bill Clinton up for a blow job, now you drivel about broad immunity?

      A true craftsman will meticulously construct the apparatus of his own demise.

      by onionjim on Wed Oct 02, 2013 at 02:32:01 PM PDT

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      •  onionjim - Clinton's problems were the result (4+ / 0-)

        of his perjury, something that a lawyer, law professor, and former Attorney General of Arkansas should have realized was a crime. His involvement with Monica Lewinsky was not part of his official duties, so there was no immunity. In addition, he was impeached, not prosecuted. Impeachment is a political act, not a criminal one. It starts in the House. Good luck with that.

        It's certainly harmful, but there is nothing criminal about the House not passing a budget, or CR or an increase in the debt limit. If these things were automatic members of Congress wouldn't need to fashion them into bills, and vote on them. The members of Congress can't be compelled by a court to pass bills.
         

        "let's talk about that"

        by VClib on Wed Oct 02, 2013 at 03:21:11 PM PDT

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        •  So, lying about a blow job (2+ / 0-)
          Recommended by:
          elwior, Tonedevil

          is something that needs to be dragged out and impeached for. Keep in mind that Clinton left no deficit.

          The false sense of what serves the country's best interests is fascinating.

          For Republicans, harming the economy is right in their oath of office. When the party claims they want to "shut down the government" as a matter of policy, that's not doing their job as a statesman, its political terrorism.

          The congress is required to pay its bills, duh.

          A true craftsman will meticulously construct the apparatus of his own demise.

          by onionjim on Thu Oct 03, 2013 at 01:54:31 AM PDT

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          •  jim, we weren't discussing the country's (0+ / 0-)

            best interest. We were discussing the legality of Congressional actions and the limited immunity granted to federal office holders.

            There is no legal requirement for any member of Congress to vote for or against anything. We have operated without a federal budget for four years, so it's clear that isn't required.

            "let's talk about that"

            by VClib on Thu Oct 03, 2013 at 10:19:49 AM PDT

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      •  I am amazed by the ignorant pontificating here (1+ / 0-)
        Recommended by:
        Mikey
        Republicans are united on the reason for the shutdown, to force a law to be changed. That is neither legal or constitutional.
        Please specify what law and what constitutional provision it violates.
        •  They pledged to serve the nation (1+ / 0-)
          Recommended by:
          elwior

          not harm it. What they are doing is treason. The thing that protects them is their cloak of "broad immunity."

          Bankers have been blatantly flouting the law without any problem whatsoever. They are immune. What point is it now to question the legality since these folks don't need to follow the law?

          A true craftsman will meticulously construct the apparatus of his own demise.

          by onionjim on Thu Oct 03, 2013 at 02:01:34 AM PDT

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    •  Well (3+ / 0-)
      Recommended by:
      onionjim, Tonedevil, elwior

      I don't know that Congressional Immunity extends to obstruction of justice, esp. if it's not done on the floor of Congress (e.g., the sabotage I mentioned)

      Also -- a lot of non-Congresspersons are engaging in sabotage and maybe obstruction of justice.

      The GOP: "You can always go to the Emergency Room."

      by Upper West on Wed Oct 02, 2013 at 03:03:53 PM PDT

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      •  UW - find me a former Federal Prosecutor (3+ / 0-)

        who thinks anyone at the DoJ would ever try to bring forward a case against any member of Congress for the failure to pass legislation, or sedition, or obstruction of justice, or sabotage. No one in the Holder Justice Department will bring any legal action against any member of Congress. They wouldn't embarrass themselves, or the DoJ.

        "let's talk about that"

        by VClib on Wed Oct 02, 2013 at 03:55:51 PM PDT

        [ Parent ]

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