Article 1, Section 6, Clause 1 of the Constitution says in part,
They [the Senators and Representatives] 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.
This is known as "The Speech and Debate Clause." It's original intent was to protect legislators from frivolous attacks based on their legislative work, but over time it has been interpreted to mean that members of Congress can say whatever they want without fear of arrest for perjury, slander, or any other offense. When they are questioning witnesses in committee, for example, they are not required to be sworn in (that is, to tell "the truth, the whole truth, and nothing but the truth"), although those who testify before them are.
What could possibly go wrong?
Last week saw a classic example of abuse of the Speech and Debate Clause when Missouri Senator Eric Schmitt angrily insulted and demeaned former Special Prosecutor Jack Smith, accusing him of perjury and calling him a "villain" and a "dirtbag," before his accusations blew up in his face when they were proven to be completely, hilariously wrong. Rather than apologizing for the error, though, Mr Schmitt doubled down, further beclowning himself not only in the hearing, but in a later appearance on a far-right podcast.
This, unfortunately, is far from the only example of despicable behavior by members of both parties under the protection of the Speech and Debate Clause. YouTube is full of video clips of angry Senators and Representatives thundering down at witnesses from their lofty perches, secure in the knowledge that they cannot be held to account for anything they say, no matter how false, defamatory, poorly researched, or otherwise inappropriate. From the time of the disgraceful Senator Joseph McCarthy in the 1950s to the shameful treatment of Anita Hill during the Clarence Thomas confirmation hearings, the Speech and Debate Clause has been abused to protect members of Congress at the expense of truth and fairness. It enables mendacious lawmakers to sacrifice truth on the altar of sound bites.
If witnesses before Congress must be sworn to tell the truth when they testify, their questioners should be sworn to the same standard. It'll never happen, but it's one of my safer fantasies.
Have a good day. Demand more of your elected representatives, but expect less ... in the words of Alexander Pope, “Blessed is he who expects nothing, for he shall never be disappointed.”
More thoughts coming.
Bilbo



















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