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Speech and Debate Clause Used to Shield Legislators from Public Integrity Investigations

Enforcement & Complaints November 2, 2008 by Robert Wechsler

Speech and Debate Clause Used to Shield Legislators from Public Integrity Investigations

Back in June, I did a blog entry on the implications for local governments of a Louisiana decision that applied the Speech and Debate Clause to ethics investigations and decisions, effectively preventing state ethics commissions from investigating or enforcing ethics laws against state legislators, even if they voted for the ethics provision involved.

An article on the front page of today's Sunday Washington Post shows how much federal legislators' use of the Speech and Debate Clause is hampering the FBI's criminal public integrity investigations as well as enforcement proceedings. How long will it be before local government legislators use this clause in similar ways to hamper investigations and ethics enforcement?
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