4min chapter

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What’s Going On With Scott Perry’s Cell Phone?

The Lawfare Podcast

CHAPTER

The Separation of Powers in the D.C. Circuit

The speech or debate clause is rooted in a clause at the Constitution that essentially says that members of Congress shouldn't be questioned for things they say on the floor of the Congress. The language is fairly constrained in the Constitution, but it has long been interpreted by the court as helping to insulate the legislative branch from judicial harassment. It's particularly complicated because we as outside observers don't know what Perry did and the language in the Howell opinions that lays out the substance of what's being discussed is blacked out.

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