COwriter
hlacey.bsky.social
COwriter
@hlacey.bsky.social
Retired lawyer, dad, baseball fan. From Colorado. I don't argue online.
The Supreme Court has even suggested that the Executive Branch is barred from investigating legislative acts. See U.S. v. Brewster, 408 U.S. 501, 509 (1972) (Clause "protect[s] Members from inquiry into legislative acts or the motivation for actual performance of legislative acts.").
November 25, 2025 at 6:58 AM
And the Supreme Court has specifically held that the Clause prevents "instigation of criminal charges against critical or disfavored legislators." U.S. v. Johnson, 383 U.S. 169, 182 (1966).
November 25, 2025 at 5:49 AM
The Speech and Debate Clause is not interpreted literally. See Eastland v. U.S. Servicemen's Fund, 421 U.S. 491, 510 (Clause is "construed to provide the independence which is its central purpose").
November 25, 2025 at 5:48 AM
I am confident about my Speech and Debate Clause assertion because I cannot see how any other interpretation of it would square with the separation of powers doctrine.
November 24, 2025 at 11:35 PM
This is typical bad journalism by Blitzer. The law is the law and it says armed forces members should not - must not - follow illegal orders. Asking a politician whether the military should obey that law isn't journalism; it's idiotic both-sides-ism and provocation of disinformation.
November 24, 2025 at 5:55 PM
There is nothing at all in the UCMJ that bars a retired officer who is a member of Congress from accurately stating the law, as Sen. Kelly did. Second, Kelly was acting in his role as a legislator, so the Speech and Debate Clause prevents court martial. So does the First Amendment.
November 24, 2025 at 5:51 PM
First of all, the Speech and Debate Clause clearly protects Sen. Kelly from being court-martialed or otherwise punished by DoD for his comments. Second, so does the First Amendment. Third, there is nothing in the UCMJ that prevents a retired officer who is in Congress from stating the law.
November 24, 2025 at 5:35 PM
There are at least six, and as many as ten, deserving candidates on this year's ballot.
November 24, 2025 at 5:10 PM
I think, if a university is going to honor people with statues, it should focus on the researchers that make lives better with the knowledge they produce and the educators who inspire their students to go forth and improve lives and the country. But a football coach? Why?
November 24, 2025 at 4:54 PM
The U.S. government has no constitutional authority to specify the requirements for public office in states or local jurisdictions.
November 24, 2025 at 3:55 AM