If Republicans in Congress are exposed being involved in the Jan 6th attack,

[duforsure]

After voting against the forming of a commission to investigate, then can they be charged with obstruction of justice if they're exposed from the investigation they were involved? For Conspiracy?

[Funtatlaguy]

1. Some might call that treason.

[duforsure]

2. Thought about that too.

[elleng]

3. ***Keep this in mind:

The Speech or Debate Clause is a clause in the United States Constitution (Article I, Section 6, Clause 1). The clause states that members of both Houses of Congress

...shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their attendance at the Session of their Respective Houses, and in going to and from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

The intended purpose is to prevent a president or other officials of the executive branch from having members arrested on a pretext to prevent them from voting a certain way or otherwise taking actions with which the President might disagree. It also protects members from civil suits related to their official duties.[1]

A similar clause in many state constitutions protects members of state legislatures in the United States. Legislators in non-U.S. jurisdictions may be protected by a similar doctrine of parliamentary immunity.

[duforsure]

4. So that means their Congressional privilege wouldn't apply?

If the were involved with what happened on the Jan 6th attack. They would be subject to prosecution, right, or do i have that wrong. Would that be different if proven they were criminally involved, and voting to protecting themselves in the commission of their crimes , and preventing getting exposed?

[WhiteTara]

6. that's what it sounded like to me

[JustAnotherGen]

5. I don't know the answer

But its been rolling around in my brain too.

Hopefully one of our DU attorneys will weigh in on how that could possibly work.

[lagomorph777]

7. The commission is not technically a criminal investigation.

It's not run by DOJ.

However, if they give false testimony to the commission, they could suffer sanctions.