WXIA-TV of Atlanta is reporting that Congressman Cynthia McKinney (D - Ga.) is facing assault charges for hitting a Capitol Police officer in the chest earlier this week when he stopped her from entering the building without going through a metal detector.McKinney said she was not wearing a lapel pin identifying her as a House member.
The Capitol Police officer said he stopped McKinney and asked her for identification Wednesday morning as she tried to enter a government building while talking on her cell phone.
UPI reports that this is the fifth time since 1993 that she has been involved in an altercation with Capitol security personnel.
Democratic Leader Nancy Pelosi said, "I would not make a big deal of this."
Ron Bonjean, spokesman for House Speaker Dennis Hastert, R-Ill., responded: "How many officers would have to be punched before it becomes a big deal?"
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I wonder if she has a defense?
The U.S. Constitution, Art. I, Sec. 6 says, inter alia, that:
"They [Senators and Representatives] 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."
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McKinney is, however, famous for other things:
Slate Magazine's Chris Suellentrop calls her "The rep who cries racism."
And in May, 2002, she claimed that President Bush had prior knowledge of the September 11th attacks.
5 comments:
As of this moment, there is no report of the warrant actually being issued.
If I have a chance this weekend, I'll look into the "breach of the peace" issue.
In the 60's Strom Thurmond was arrested in DC for speeding in the early morning hours in a reather sketchy part of the city and got off on that going to and from official business angle..
From Gravel v. U.S., 408 U.S. 606 (1972):
"Except in cases of 'Treason, Felony and Breach of the Peace,' the Clause shields Members from arrest while attending or traveling to and from a session of their House. History reveals, and prior cases so hold, that this part of the Clause exempts Members from arrest in civil cases only."
408 U.S. at 614.
And:
"It is, therefore, sufficiently plain that the constitutional freedom from arrest does not exempt Members of Congress from the operation of the ordinary criminal laws, even though imprisonment may prevent or interfere with the performance of their duties as Members."
408 U.S. at 615.
In the Strom Thurmond matter, perhaps speeding is a civil offense.
(I'm not completely confident this is the right answer.)
Speeding is not a civil offense. The leading Dem on the Congressional committee which oversees the Capitol Police had a session with the head of the Police. Don't hold your breath waiting for a warrant. Check Captain's Quarters for details.
In New York State, speeding is not a crime under section 1180d of the Vehicle and Traffic Law. It's considered to be an infraction.
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