Defending The Indefensible
(SCROLL DOWN FOR UPDATES)
Many people know by now that Cynthia McKinney had an incident recently with a Capitol police officer. Stated simply, she wore no identification, and a recent hairdo change led to an officer not recognizing her when she bypassed the security gates for Congress. Bypassing the gates is a no-no, but the privilege is extended to members of Congress. And it is a protected privilege under Article I, Section 6 of the US Constitution:
The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They 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.
They cannot be prevented from heading between either House, or from reaching their chambers. This has given the Left what they believe to be a "victory" on this issue. But take a closer look at the Section. Those that are defending her are starting to bring up this Section of the Constitution, and they claim that she cannot even be stopped and questioned. To say this is a ridiculous argument is an understatement.
Is it to be assumed that the Capitol police do not stop the occasional senator or representative because they did not catch them as they came through the gates? It is to be assumed that anyone who passes around those gates are members of Congress? Cynthia McKinney claims that she forgot to wear her Congressional pin that morning. But she has "forgotten" to wear the marker on other occasions before. With the nation at war, and security tightened (albeit, not to many people's satisfactions) we were all told to be just a bit more patient with security measures. This includes those in Congress.
While they do possess certain privileges, the police in Congress are doing their job. The officer did not recognize her, and was struck for his troubles. She may not be arrested on the grounds of Congress, but she may be arrested. The Left's idea that she is above the law is preposterous. She can be held to account for the crime of assault--breach of peace, as stated above. Why is it that Tom DeLay, who up until yesterday, was a serving member of Congress, and facing charges in Texas? The District Of Columbia has it's laws and constitution written down as well as the US Constitution is.
And the second argument I am hearing is about the fact that she "can't be questioned" when she is in public. No, no. reread that portion of the Section:
The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They 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.
There is a comma up there. What "they shall not be questioned" about are their speeches and debate. The police can still stop them at the gate to make sure they are who they claim to be. Those serving in Congress are not above the law, and to interpret that portion of the Section in such manner basically gives them that right. I am aware of past instances where those in Congress have been given a pass on their crimes.
In 1969 Ted Kennedy was still facing charges over the death of Mary Jo Kopechne.
--In 1967 Senator Thomas Dodd faced corruption charges.
--In 1983 Representatives Dan Crane and Gerry Studd were charged with sexual misconduct with minors. They were censured by the House after pleading guilty to the charges.
--In 1994 Dan Rostenkowski was indicted in the Check Kiting scandal that erupted in the House. In 1996 he plead guilty to the lesser charge of mail fraud, long after his defeat and retirement.
--In 1995 Walter Tucker was facing bribery charges, and later resigned in December of that year. In 1996 he served twenty-seven months for extortion and tax evasion.
--In 2002 Jim Traficant was handed a guilty verdict on corruption charges.
--In 2005, Tom DeLay was indicted on charges of conspiracy and money laundering. To date, the conspiracy to violate election laws charge has been thrown out.
That is just a rough list of those members of Congress who were charged with a crime. There is privilege to avoid the charge of a crime, and I can guarantee our readers that these people were thoroughly questioned by the police involved. If this is the best that Cynthia McKinney's defenders have, then they are in trouble. Whereas I do not believe that she will spend one day in jail, this is never good for your party to be involved in a foolish and ignorant dust-up like this.
What is even worse is the level that Representative McKinney went to when she placed the race card. Every time I see this in action, I am reminded of the Morgan Freeman interview on 60 Minutes where he reminded his interviewer that the only people who are keeping the concept of racism alive are black people. That is not an insult to anyone who is black. I have a couple friends from school who are black, and detest that card being played.
When I saw them this week and asked them about the incident, they were shocked at how Representative McKinney responded. They, like myself, believe that if you wield a privilege, then you also bear the burden of upholding it. That means identifying yourself to those in security positions. We are at war, and those measures are now quite strict in Washington, DC. Maybe this will serve as a reminder to her that she needs to wear that pin, or at least make sure she acknowledges the police on her way in. Though, I am not holding my breath. This was not her first run-in with police, and I doubt it will be her last.
The Bunny ;)
ADDENDUM:
Marcie did an excellent job pounding this point home. Personally, I dislike the idea that the McKinney defenders have tried to present this argument. Not only does it show how desperate the Left is to gain a pass on horrendous behavior, but it also shows that these people have no business offering a legal argument for which there is no leg to stan on. But early this morning McKinney apologized.
Rep. Cynthia McKinney, D-Ga., expressed "sincere regret" Thursday for her altercation with a Capitol police officer, and offered an apology to the House.
"There should not have been any physical contact in this incident," McKinney said in brief remarks on the House floor. "I am sorry that this misunderstanding happened at all and I regret its escalation and I apologize."
By no means is McKinney off the hook. Three witnesses are slated to testify before a grand jury as to what they saw that morning. There is no excuse for this woman's behavior, nor should she be given any sort of pass. She assaulted a police officer. She should be charged with the crime, and either face a plea deal, or face a conviction.
And for the people of Georgia, if you want to continue to see this pathetic excuse for a congresswoman return this year, then vote for her. But we urge people in Georgia that are represented by this woman to please vote her out of office. She is the epitome of controversy amongst the Democrats, and she will continue to bring the party down as much as any of the other moonbat favorites under Howard Dean.
Publius II (UPDATE: 11:29 a.m., AZ Time)
(SCROLL DOWN FOR UPDATES)
Many people know by now that Cynthia McKinney had an incident recently with a Capitol police officer. Stated simply, she wore no identification, and a recent hairdo change led to an officer not recognizing her when she bypassed the security gates for Congress. Bypassing the gates is a no-no, but the privilege is extended to members of Congress. And it is a protected privilege under Article I, Section 6 of the US Constitution:
The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They 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.
They cannot be prevented from heading between either House, or from reaching their chambers. This has given the Left what they believe to be a "victory" on this issue. But take a closer look at the Section. Those that are defending her are starting to bring up this Section of the Constitution, and they claim that she cannot even be stopped and questioned. To say this is a ridiculous argument is an understatement.
Is it to be assumed that the Capitol police do not stop the occasional senator or representative because they did not catch them as they came through the gates? It is to be assumed that anyone who passes around those gates are members of Congress? Cynthia McKinney claims that she forgot to wear her Congressional pin that morning. But she has "forgotten" to wear the marker on other occasions before. With the nation at war, and security tightened (albeit, not to many people's satisfactions) we were all told to be just a bit more patient with security measures. This includes those in Congress.
While they do possess certain privileges, the police in Congress are doing their job. The officer did not recognize her, and was struck for his troubles. She may not be arrested on the grounds of Congress, but she may be arrested. The Left's idea that she is above the law is preposterous. She can be held to account for the crime of assault--breach of peace, as stated above. Why is it that Tom DeLay, who up until yesterday, was a serving member of Congress, and facing charges in Texas? The District Of Columbia has it's laws and constitution written down as well as the US Constitution is.
And the second argument I am hearing is about the fact that she "can't be questioned" when she is in public. No, no. reread that portion of the Section:
The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They 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.
There is a comma up there. What "they shall not be questioned" about are their speeches and debate. The police can still stop them at the gate to make sure they are who they claim to be. Those serving in Congress are not above the law, and to interpret that portion of the Section in such manner basically gives them that right. I am aware of past instances where those in Congress have been given a pass on their crimes.
In 1969 Ted Kennedy was still facing charges over the death of Mary Jo Kopechne.
--In 1967 Senator Thomas Dodd faced corruption charges.
--In 1983 Representatives Dan Crane and Gerry Studd were charged with sexual misconduct with minors. They were censured by the House after pleading guilty to the charges.
--In 1994 Dan Rostenkowski was indicted in the Check Kiting scandal that erupted in the House. In 1996 he plead guilty to the lesser charge of mail fraud, long after his defeat and retirement.
--In 1995 Walter Tucker was facing bribery charges, and later resigned in December of that year. In 1996 he served twenty-seven months for extortion and tax evasion.
--In 2002 Jim Traficant was handed a guilty verdict on corruption charges.
--In 2005, Tom DeLay was indicted on charges of conspiracy and money laundering. To date, the conspiracy to violate election laws charge has been thrown out.
That is just a rough list of those members of Congress who were charged with a crime. There is privilege to avoid the charge of a crime, and I can guarantee our readers that these people were thoroughly questioned by the police involved. If this is the best that Cynthia McKinney's defenders have, then they are in trouble. Whereas I do not believe that she will spend one day in jail, this is never good for your party to be involved in a foolish and ignorant dust-up like this.
What is even worse is the level that Representative McKinney went to when she placed the race card. Every time I see this in action, I am reminded of the Morgan Freeman interview on 60 Minutes where he reminded his interviewer that the only people who are keeping the concept of racism alive are black people. That is not an insult to anyone who is black. I have a couple friends from school who are black, and detest that card being played.
When I saw them this week and asked them about the incident, they were shocked at how Representative McKinney responded. They, like myself, believe that if you wield a privilege, then you also bear the burden of upholding it. That means identifying yourself to those in security positions. We are at war, and those measures are now quite strict in Washington, DC. Maybe this will serve as a reminder to her that she needs to wear that pin, or at least make sure she acknowledges the police on her way in. Though, I am not holding my breath. This was not her first run-in with police, and I doubt it will be her last.
The Bunny ;)
ADDENDUM:
Marcie did an excellent job pounding this point home. Personally, I dislike the idea that the McKinney defenders have tried to present this argument. Not only does it show how desperate the Left is to gain a pass on horrendous behavior, but it also shows that these people have no business offering a legal argument for which there is no leg to stan on. But early this morning McKinney apologized.
Rep. Cynthia McKinney, D-Ga., expressed "sincere regret" Thursday for her altercation with a Capitol police officer, and offered an apology to the House.
"There should not have been any physical contact in this incident," McKinney said in brief remarks on the House floor. "I am sorry that this misunderstanding happened at all and I regret its escalation and I apologize."
By no means is McKinney off the hook. Three witnesses are slated to testify before a grand jury as to what they saw that morning. There is no excuse for this woman's behavior, nor should she be given any sort of pass. She assaulted a police officer. She should be charged with the crime, and either face a plea deal, or face a conviction.
And for the people of Georgia, if you want to continue to see this pathetic excuse for a congresswoman return this year, then vote for her. But we urge people in Georgia that are represented by this woman to please vote her out of office. She is the epitome of controversy amongst the Democrats, and she will continue to bring the party down as much as any of the other moonbat favorites under Howard Dean.
Publius II (UPDATE: 11:29 a.m., AZ Time)
posted by Syd And Vaughn | 11:56 PM
1 Comments:
As I understand she has not been arrested. It's reported the matter will be laid before a grand jury tomorrow. I would like to see an indictment. No person is above the law. Rawriter
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