11/26/2025
Question/Issue to be before the courts:
Is it a violation of the law to say, "Don't follow illegal military orders to our service men and women?" And is this "policing elected official ? Dies this also violate the separation of powers doctrine?
Answer: The law is clear-
The Speech or Debate Clause is a provision in Article I, Section 6 of the U.S. Constitution that provides members of Congress with immunity from arrest and legal questioning for any "Speech or Debate" made within their respective House. It protects against intimidation by the executive branch and accountability in other courts, safeguarding the legislative independence necessary for the separation of powers. The protection applies to legislative acts, including work by staff, but not to political activities outside of official duties.
Protections provided by the Clause
Immunity from arrest: Members are protected from arrest while attending sessions of Congress.
Protection from questioning: They cannot be questioned in any other place for their speech or debate in either House.
Application to staff: The privilege extends to committee staff, aides, and assistants.
Purpose: The Clause is intended to ensure the independence of the legislative branch and its ability to function without fear of retribution or harassment.
Limitations of the Clause: Non-legislative acts: The immunity does not cover actions taken outside of official legislative business, such as comments made in newsletters, press releases, or other political settings.
Criminal acts: It does not shield members from prosecution for criminal acts like bribery or fraud, particularly when those acts are related to illegal personal gain and not part of the legislative process.
Role in the legislative process: The line between protected legislative acts and unprotected political acts is often debated, with courts examining whether a specific action was part of the legislative function.
Also the 1st Amendment Arguments and President Trump's executive order signed by him shortly after he took the Oath to uphold both the laws of the United States and our Constitution.
My question to you is:
What law did any legislators violate by only talking about "illegal
Orders" ?
U.S. Congress legislation, Congressional Record debates, Members of Congress, legislative process educational resources presented by the Library of Congress