Index/Topics/Speech or Debate Clause

Speech or Debate Clause

The legal protections afforded to Congress by the Speech or Debate Clause.

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5 results
Jan 25, 2026
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What is the process for the Department of Justice to investigate a sitting member of Congress?

follows a layered, legally cautious process when : investigations are usually handled by but — under recent formal guidance — require heightened consultation with and other Main Justice offices before...

Feb 7, 2026

What legal avenues exist if the Clintons refuse to answer questions during a congressional deposition?

questions in a congressional deposition, the government and the committee have a limited toolkit: invocation of constitutional privileges by the witness, committee enforcement through contempt and cri...

Jan 12, 2026

How does the Speech or Debate Clause protect senators from prosecution for legislative acts related to military policy?

The Speech or Debate Clause shields senators from being "questioned in any other Place" for acts that are integral to the legislative process, a constitutional protection designed to preserve legislat...

Jan 7, 2026

How does the Department of Justice determine whether to investigate a member of Congress for alleged wrongdoing?

The Department of Justice decides whether to investigate a Member of Congress through a blend of legal limits (constitutional privileges like the Speech or Debate Clause), internal policies that funne...

Jan 7, 2026

What are the limitations on the Department of Justice's ability to investigate members of Congress under the Speech or Debate Clause?

The Speech or Debate Clause bars the Department of Justice from using a Member’s protected legislative acts as the basis for prosecution, civil liability, or compelled testimony, and it creates eviden...