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A Nerdy Amuse Bouche

Advisory Opinions

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The Court Dismisses the Subpoena Clause Immunity

The clause serves the additional function of reinforcing the separation of power so deliberately established by the founders. When it applies, the clause provides immunity from both criminal and civil suits. In our circuit is a jurisdictional bar. Thus, although this clause speaks of speech or debate, it protects all legislative acts. The subpoena must be solely for a prohibited purpose, such an exposing for exposure sake. Mixed purposes do not defeat an investigative act.

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