1780s clause at center of Menendez corruption case battle
Source: Associated Press
1780s clause at center of Menendez corruption case battle
David Porter, Associated Press
Updated 12:13 am, Monday, February 29, 2016
NEWARK, N.J. (AP) — When three federal appellate judges settle into their seats Monday to hear arguments in the corruption case against New Jersey Sen. Bob Menendez, they will be asked to delve deeply into an idea that, though little known outside legal circles, is as deeply embedded in the American DNA as the right to free speech.
How the court — and a jury, if the case goes to trial — places Menendez's actions in the context of the Constitution's "speech or debate" clause will play a significant role in whether the three-term Democratic senator is convicted on any or all of a dozen counts against him that include bribery, conspiracy and honest services fraud. Menendez has pleaded not guilty.
The clause dates to the 1780s and was written into the Constitution to fortify the separation of powers between the three branches of government: It protected members of Congress from having their legislative acts subjected to scrutiny by the other two branches, "in all Cases, except Treason, Felony and Breach of the Peace."
The clause has been invoked to shield members of Congress from testifying in court, and to exclude evidence from criminal trials.
Read more: http://www.chron.com/news/us/article/1780s-clause-at-center-of-Menendez-corruption-6859883.php
