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Gothmog

(182,160 posts)
20. The Speech and Debate clause will not protect Howdy Gowdy
Tue Nov 24, 2015, 01:52 AM
Nov 2015

First, the speech and debate clause is not an absolute protection for Howdy Gowdy but only protects official acts
http://legal-dictionary.thefreedictionary.com/Speech+or+Debate+Clause

The U.S. Supreme Court has gradually defined and redefined the Speech or Debate Clause in several cases over the years. The first case concerning the Speech and Debate Clause was Kilbourn v. Thompson, 103 U.S. (13 Otto) 168, 26 L. Ed. 377 (1880). The Court has interpreted the Speech or Debate Clause to mean that members of Congress and their aides are immune from prosecution for their "legislative acts." This does not mean that members of Congress and their aides may not be prosecuted. Rather, evidence of legislative acts may not be used in a prosecution against a member of Congress or a congressional aide.

The main controversy surrounding the Speech or Debate Clause concerns the scope of the phrase "legislative acts." The phrase obviously encompasses speeches and debates on the floor of the Senate or the House of Representatives. According to the Supreme Court, voting, preparing committee reports, and conducting committee hearings also are legislative acts, but republishing legislative materials for distribution to constituents and accepting a bribe to influence a vote are not.

Howdy Gowdy's actions were not within his official legislative duties but were for the purpose of damage control to attempt to preserve what little reputation that Howdy Gowdy had remaining after this partisan exercise. As such, there is a good claim that the speech and debate clause does not protect Howdy Gowdy.

Second, the main causes of action are under two separate statutes that expressly provide for damages due to congressional actions and so are not subject to the speech and debate clause.

Finally, Paragraph 99 of the petition makes clear that the Plaintiff is not seeking damages against Gowdy but an injunction. The speech and debate clause does not apply to an injunction. Here is Paragraph 99 of the petition:

Plaintiff does not seek any damages associated with his common law defamation claim against Chairman Gowdy. Instead, in asserting his common law defamation claim, Plaintiff seeks equitable relief in the form of a declaration that Chairman Gowdy made false and defamatory statements about Plaintiff and a permanent injunction barring Chairman Gowdy from repeating the same false, defamatory, and injurious statements that he has made about Plaintiff beginning on October 10, 2015. Without such an injunction, Chairman Gowdy will likely continue to repeat the same false and defamatory statements about Plaintiff, which will cause Plaintiff to suffer further harm from the repeating and further publication of such injurious statements

Howdy Gowdy will attempt to use the speech and debate clause but I doubt that he will be sucessful

Recommendations

0 members have recommended this reply (displayed in chronological order):

Hum, now Benghazi oversight committee needs to investigate the chairman, come on, Trey it is time Thinkingabout Nov 2015 #1
Hmm. Didn't Gowdy mishandle classified information? tanyev Nov 2015 #2
I have been waiting for this LiberalArkie Nov 2015 #3
So, should we call this Treyghazi or Gowdyghazi? Agnosticsherbet Nov 2015 #4
He is seeking a jury trial.....Repubs will not be able to ignore this. riversedge Nov 2015 #5
Deleting public documents is a crime... Agnosticsherbet Nov 2015 #6
yes, but it will have to be proved somehow. I think this will bring to light other Benghazi riversedge Nov 2015 #9
And the Clown Car gets another Ring to play in. Volaris Nov 2015 #7
Exactly! mountain grammy Nov 2015 #12
Bengowdy? Dont call me Shirley Nov 2015 #17
Elijah Cummings; Benghazi Investigation: The Cost to Taxpayers ..... so far $5 million and counting Botany Nov 2015 #8
Hey, kids! What time is it? It's... GOWDY DOODY TIME! n/t TygrBright Nov 2015 #10
LOL!!! KansDem Nov 2015 #11
Shades of the Plame debacle. alfredo Nov 2015 #13
"Gowdy previously said Podliska was terminated partly for mishandling classified information. " blackspade Nov 2015 #14
K & R SunSeeker Nov 2015 #15
I'm glad to see that this military officer is suing... usaf-vet Nov 2015 #16
His statement of claim is at the bottom of this link Jarqui Nov 2015 #18
The Major has not read the Constitution. former9thward Nov 2015 #19
The Speech and Debate clause will not protect Howdy Gowdy Gothmog Nov 2015 #20
Latest Discussions»Latest Breaking News»Ex-Benghazi investigator ...»Reply #20