Thread by @McAdooGordon

What's interesting about this, legally, is that the Speech & Debate Clause protects members of Congress from being questioned about their views/positions/etc. "in any other Place," meaning they can't be questioned by police or other executive branch actors or in the courts.
/1

https://twitter.com/RepTroyNehls/status/1491065697769705473

The clause applies to materials prepared for use in the legislative branch too, but not to materials produced for other purposes, say for example, a newsletter. So, you could sue a congressman for defaming you on Twitter for example. The clause is a separation of powers tool. /2

This is one of the constitutional elements that prevent the courts from shutting down congressional investigations, for instance. And why the courts apply a very broad interpretation of the "legislative purpose" test when evaluating claims to quash congressional subpoenas. /3

Maybe there is one, but I know of no case in which the clause has been applied to protect a member of Congress from being questioned by the Congress itself in some way. It says in an "other" Place, meaning other than in the Congress. /4

So, this congressman's reliance on the Speech & Debate clause is probably mistaken, even though he is right that the situation is outrageous. But his recourse is likely going to have to be internal rules or policies or power, not the clause. /5

It's a whole other kettle of fish when you're talking about staffers. Their work can be protected by the Speech & Debate clause if it is in support of the congressmember's legislative work. And, they & people visiting & interacting w/the member of Congress have civil rights./6

The legislative as well as the executive branch are prohibited by the Constitution from engaging in unlawful search and seizure or violating people's First Amendment rights. Your Constitutional rights protect you from all three branches of government. /7

But, there is a much less developed body of law & practice applying those concepts to the Congress. And remember that the Capitol Police are part of the Legislative branch, not the Executive branch, like the FBI, for instance. /8

Further, congressional staffers are government employees, so they have certain rights in that regard potentially too in this scenario. Basically, there are multiple problems here. /9