Iâm not familiar in the Constitution where congressmen are shielded from providing testimony. Could you site your reference please?
Closest I could find was Article I Section 6 which states: âThey 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 returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.â
#1 It appears they are privileged from arrest, not giving testimony. And since testimony can be arranged either in North Carolina, D.C. via teleconference, or during Congressional break that isnât a problem.
#2 As a second thought about âarrestâ that means it would apply to a criminal case, since this would be an administrative civil proceeding, again the the âshieldâ protections would not appear to apply.
Having read through the law provided by a post by @TheDoctorIsIn, Iâm going HmmmmâŠ
So I donât think this is really an attempt at keeping Cawthorn off the ballot. The provision where the accused is ârequired to provide evidenceâ seemed odd. The law under which Cawthorn is being challenged also applies to other challenges beyond the J6 aspect. Such as a challenge to a candidate where challenger supplies evidence and affidavits with the accusation candidate didnât meet residency requirements. In such a case it is logical to the accused to simply provide the evidence showing they in fact do meet residency requirement.
IMHO, the reality is this probably less about keep him off the ballot as it is more likely an attempt to get him under oath.
There is an element of qualified immunity there, mostly from tradition as far as I can tell.
This would be testifying in front of the NC electoral commission, not the Day of Infamy Comittee.
Itâs an interesting case. Using old reconstruction stuff in a former confederate state. I want to know what made them pass this in 2006, if they did.
A full reading of the article and putting that in context.
The article points out that Cawthorn probably canât be compelled to testify before the J6 Committee because it is a House Committee and he is currently a member of the the House. It doesnât NOT say that Cawthorn cannot be compelled to provide testimony in a non-J6 civil action which the NC Election board is as itâs not a criminal proceeding.
There is no impediment to Representative Cawthorn being compelled to provide evidence in the event of the NC challenge.
No â â â â . As I said before, this is more about getting âThe Insurrection!!â back under the spotlight before midterms than any concerns over him holding a Congress seat.