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Archive of entries posted on July 2009

More on Feeney and the Speech or Debate Clause

             As suggested in my last post, Judge Kavanaugh’s concurrence in In re Grand Jury (Feeney) rejects the Ray/Rose test as incoherent and unworkable.  He argues that it makes no sense to condition the Speech or Debate protection given to a Member’s communication with the Ethics Committee on the subject matter of the underlying proceeding.  He [...]

D.C. Circuit Issues Speech or Debate Ruling in the Feeney case

             The D.C. Circuit issued a significant Speech or Debate ruling last month in a case involving former Congressman Tom Feeney.  Feeney had been investigated by the House Ethics Committee for accepting a privately financed trip which allegedly violated House Rules because it was paid for by a lobbyist and/or was “substantially recreational in nature.”                [...]

Mort Rosenberg on Congressional Investigations

          Last Thursday, the Constitution Project released a handbook on congressional oversight and investigations authored by the incomparable Mort Rosenberg, who spent more than 35 years at the Congressional Research Service not only learning everything there is to know about congressional oversight of the executive branch but participating in most of the major executive-legislative disputes [...]