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But beyond the textual argument, which the federal court will likely consider in the next week or so on an expedited time frame, the underlying rationale for the Speech or Debate Clause should provide a stark warning to Democrats that what Willis is doing is destructive to our democratic republic and should be denounced.
As Graham’s attorneys stressed in his motion, the framers believed the Speech or Debate Clause was “‘indispensably necessary’ for the independence of the legislature, and ultimately for the ‘rights of the people.’” Only by protecting members of Congress from being questioned about their legislative activity could the integrity of the legislative process be assured. “By ‘enabling these representatives to execute the functions of their office without fear’ of interference from prosecutors, grand juries, or courts, the Framers understood that the ‘rights of the people’ would, in turn, be protected.”
But here, we don’t truly have a “prosecutor” or a “grand jury”; we have an inquisitor and her trial of Republicans by publicity. And the Fulton County court seems but a rubber stamp for the subpoenas Willis seeks.
And Willis is but one county D.A. Imagine the mischief if every prosecutor with political ambitions followed her lead.