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Election Law Blog

Rick Hasen's blog

Election Law Blog

Category Archives: Speech or Debate Clause

Would Any Prosecution of Sessions Be Barred by the Speech or Debate Clause?

Posted on March 2, 2017 8:26 pm by Rick Hasen

Putting aside whether perjury could be proven against AG Sessions, there’s another possible hurdle: the Speech or Debate Clause, which gives members of Congress immunity from criminal prosecution for certain legislative acts, for example a speech on the Senate floor. … Continue reading →

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Posted in legislation and legislatures, Speech or Debate Clause

“Menendez asks Supreme Court to hear case”

Posted on December 13, 2016 8:44 pm by Rick Hasen

Josh Gerstein for Politico: Sen. Bob Menendez is asking the Supreme Court to consider his argument that federal bribery charges he is facing impermissibly intrude into a legislative activity protected by the Constitution’s speech-or-debate clause. In a petition submitted to … Continue reading →

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Posted in bribery, chicanery, Speech or Debate Clause, Supreme Court

3rd Circuit Denies En Banc Appeal in Sen. Menendez Case

Posted on September 13, 2016 4:42 pm by Rick Hasen

Nest stop SCOTUS? … Continue reading →

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Posted in chicanery, Speech or Debate Clause

3rd Circuit Seems Skeptical of Menendez Speech or Debate Clause Attack on His Indictment

Posted on March 1, 2016 3:11 am by Rick Hasen

AP reports. … Continue reading →

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Posted in chicanery, legislation and legislatures, Speech or Debate Clause

Sen. Menedez Files 3d Circuit Brief in Speech or Debate Clause Appeal

Posted on January 13, 2016 7:13 am by Rick Hasen

Howard with the stories and the brief. … Continue reading →

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Posted in bribery, chicanery, legislation and legislatures, Speech or Debate Clause

“Robert Menendez Case Eligible for Appeal”

Posted on December 16, 2015 7:33 am by Rick Hasen

AP: Senator Robert Menendez of New Jersey may appeal his indictment on corruption charges, based partly on his argument that some of the charges stem from routine legislative work protected by the Constitution. The United States Court of Appeals for … Continue reading →

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Posted in bribery, legislation and legislatures, Speech or Debate Clause

“N.J.’s Menendez says actions that helped friend were legitimate”

Posted on September 11, 2015 10:28 am by Rick Hasen

NJ.com: Lawyers for U.S. Sen. Robert Menendez argued in U.S. District Court in Newark that his actions on behalf of Dr. Salomon Melgen concerned legitimate policy questions and were not favors for a friend and campaign donor. In filings submitted late … Continue reading →

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Posted in bribery, chicanery, legislation and legislatures, Speech or Debate Clause

“Government Not Impressed by Menendez’s ‘Policy’ Approach to Speech or Debate”

Posted on August 26, 2015 8:49 am by Rick Hasen

Point of Order explains. … Continue reading →

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Posted in chicanery, legislation and legislatures, Speech or Debate Clause

Speech or Debate Clause, Citizens United, Weigh Heavily in Sen. Menendez Defense to Bribery

Posted on July 21, 2015 8:47 am by Rick Hasen

This should be interesting. Even if these claims ultimately fail (which they likely will), it will likely buy the Senator some significant time before potential incarceration. … Continue reading →

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Posted in bribery, campaign finance, Speech or Debate Clause

Bauer Critical of SCOTUS AZ Redistricting Decision and Renzi Cert. Denial

Posted on July 7, 2015 9:17 am by Rick Hasen

Interesting read: The doctrinal fine points are open to be debate, but it is hard to escape the impression that Court believes readily in the failures of the democratic process and the part played in this breakdown by self-interested legislators.   … Continue reading →

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Posted in redistricting, Speech or Debate Clause, Supreme Court

Bauer on #SCOTUS Renzi Petition and Congressional Self-Policing

Posted on June 23, 2015 8:25 am by Rick Hasen

interesting. … Continue reading →

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Posted in ethics investigations, Speech or Debate Clause, Supreme Court

Renzi Speech or Debate Clause Case Relisted at #SCOTUS

Posted on June 19, 2015 12:23 pm by Rick Hasen

John Elwood: The other two rescheduled cases involve the Speech or Debate Clause of the Constitution. The first petitioner is former Representative Richard Renzi, who was charged with extorting private investors to buy land owned by his friend and business … Continue reading →

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Posted in Speech or Debate Clause, Supreme Court

“Will Menendez Staffers Be Forced to Testify Against Their Boss?”

Posted on March 12, 2015 8:35 pm by Rick Hasen

Roll Call on how far the Speech or Debate privilege extends … Continue reading →

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Posted in ethics investigations, Speech or Debate Clause

9th Circuit Affirms Renzi Conviction

Posted on October 9, 2014 4:36 pm by Justin Levitt

The opinion, again rejecting a defense under the Speech or Debate Clause, is here.  Rick’s earlier coverage is here. … Continue reading →

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Posted in bribery, Speech or Debate Clause

“The Legislator-Lobbyist Privilege?”

Posted on July 8, 2014 8:51 pm by Rick Hasen

Very interesting post at Point of Order. … Continue reading →

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Posted in legislation and legislatures, lobbying, Speech or Debate Clause

“House Lawyers Defend ‘Speech or Debate’ Protections”

Posted on April 16, 2014 12:20 pm by Rick Hasen

Legal Times: A bipartisan group of congressional leaders filed court papers Tuesday defending the constitutional shield that protects members of Congress and their staff from being forced to provide information about legislative activities. The Bipartisan Legal Advisory Group of the … Continue reading →

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Posted in legislation and legislatures, Speech or Debate Clause

“Developing a Speech or Debate Clause Framework for Redistricting Litigation”

Posted on July 15, 2013 4:34 pm by Rick Hasen

Christopher Asta has posted this draft on SSRN (NYU Law Review).  Here is the abstract: The Speech or Debate Clause of the U.S. Constitution protects legislators from being “questioned” at trial about their legislative acts. This protection shields legislators from … Continue reading →

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Posted in redistricting, Speech or Debate Clause

“Former Rep. Rick Renzi Convicted in Corruption Case”

Posted on June 11, 2013 9:19 pm by Rick Hasen

Roll Call reports. So I’ll now be updating a few things in the Legislation chapters of my work in progress, Legislation, Statutory Interpretation, and Election Law: Examples and Explanations.  (From alleged to convicted…) … Continue reading →

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Posted in bribery, Speech or Debate Clause

“Dueling Speech or Debate Privileges in the Renzi Case”

Posted on June 6, 2013 11:42 am by Rick Hasen

Interesting discussion at Point of Order. … Continue reading →

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Posted in Speech or Debate Clause

“The Curious Case of Rick Renzi”

Posted on June 3, 2013 7:59 pm by Rick Hasen

Interesting Speech or Debate Clause issue in the Renzi trial. … Continue reading →

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Posted in Speech or Debate Clause

Texas court denies privilege for congressional redistricting conversations

Posted on August 12, 2011 10:23 am by Justin Levitt

Yesterday, the federal court handling most of the mammoth Texas redistricting litigation denied a motion by members of Congress to prevent disclosure of their conversations to the Texas legislators conducting redistricting. Michael Li, who’s been following all of the back … Continue reading →

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Posted in redistricting, Speech or Debate Clause

“9th Circuit Denies Rehearing in Renzi Case”

Posted on August 1, 2011 6:49 pm by Dan Tokaji

Legal Times has this post on the one-page order declining to rehear the Speech or Debate Clause case en banc.  No dissents, although some predict a cert grant.  You can find Rick’s post on the panel opinion here. … Continue reading →

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Posted in Speech or Debate Clause

Support for an en banc rehearing in Renzi

Posted on July 19, 2011 2:52 pm by Justin Levitt

Before we get to a cert. grant in the case against former Rep. Richard Renzi, there’s the matter of potential en banc proceedings. The bipartisan legal advisory group of the House of Representatives (which reflects the House’s official institutional position … Continue reading →

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Posted in Speech or Debate Clause

Adler Predicts a Likely Cert. Grant in Renzi Case

Posted on June 24, 2011 1:16 pm by Rick Hasen

Here.  I’m inclined to agree. UPDATE: Mike Stern too. … Continue reading →

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Posted in Speech or Debate Clause

Breaking News: Former Rep. Renzi Loses Appeal on Speech or Debate Clause Grounds in Ninth Circuit

Posted on June 23, 2011 9:21 am by Rick Hasen

I have posted the opinion in United States v. Renzi at this link.  There is also an unpublished portion of the opinion (which I have not seen), reinstating the racketeering act dismissed by the district court. Here is the introduction: … Continue reading →

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Posted in chicanery, legislation and legislatures, Speech or Debate Clause
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