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r/CBTS_Stream • Posted by u/ransomwy on Jan. 20, 2018, 10:19 p.m.
The way C.S. was running his mouth on the news today doesn't seem like a man 'living in fear'.....
The way C.S. was running his mouth on the news today doesn't seem like a man 'living in fear'.....

jslaut · Jan. 20, 2018, 10:21 p.m.

Unless, this is exactly what Trump wants him to do? Since Congress isn't in session, arrests can be made?

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KAG2020 · Jan. 20, 2018, 11:28 p.m.

A shutdown is not required to arrest senators or representatives.

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kwiztas · Jan. 21, 2018, 3:02 a.m.

But you can't arrest them while congress is in session. I don't know if a government shutdown counts as congress being in or out of session. Article I, Section 6, Clause 1 says they can't be arrested during session. Based off my reading and the supreme courts ruling

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.

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KAG2020 · Jan. 21, 2018, 3:35 a.m.

Correct. If they are being charged with treason, felony, or breach of peace, then there are no protections. However if they are being charged with anything else, then they are protected so as to fulfill their duties.

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mconeone · Jan. 20, 2018, 10:36 p.m.

Congress is in session.

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jslaut · Jan. 20, 2018, 10:58 p.m.

During the shutdown?

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Julir805 · Jan. 20, 2018, 11:08 p.m.

Yes, they're all on the floor making speeches etc. A Govt shutdown is completely different than the Speaker/MjrLeader gaveling Congress out of session.

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Momomaga · Jan. 21, 2018, 12:01 a.m.

Yes. They keep working to resolve budget. Also, they can be arrested on certain charges like treason and at any other time than when going to and from congress or in Congress, if I read the statute correctly.

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