Lost in all this is a gwb appointment gave pence immunity for legislative duties
The constitution really is a get out of jail card for US elected officials
But unlike presidents, who draw all their power from the executive branch, vice presidents get their immunity from Congress, Chief U.S. District Court Judge James Boasberg ruled. That’s because vice presidents — while commonly perceived as mere agents of the president — are constitutionally required to serve as president of the Senate. And officers of Congress, like lawmakers and their aides, enjoy immunity rooted in a provision of the Constitution known as the
“speech or debate” clause, meant to safeguard Congress from law enforcement inquiries related to their official duties.
The vice president’s role as Senate president has become almost entirely ceremonial, with the occasional exception of casting tie-breaking votes and — every four years — presiding over the count of electoral votes after a presidential election. Vice presidents have long suggested they should enjoy the legal protections afforded to Congress, but Boasberg’s ruling is the first time a court has extended so-called speech-or-debate immunity to the vice presidency.
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Boasberg, the chief judge of the federal district court in Washington, agreed with Pence, at least to a limited extent: Pence must testify, he ruled, but the speech-or-debate immunity may allow him to avoid answering questions about his legislative role on Jan. 6.
Pence praised the ruling on Wednesday, even as he is considering whether to appeal it for not going far enough.
For the first time in history, a federal judge ruled that vice presidents can benefit from a type of immunity typically provided to lawmakers.
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