Monday, October 29, 2018

IS THERE A LAWYER IN THE HOUSE?

By Norman E. Hooben

18 U.S. Code § 594 - Intimidation of voters
U.S. CodeTitle 18Part IChapter 29 › § 594

Whoever intimidates, threatens, coerces, or attempts to intimidate, threaten, or coerce, any other person for the purpose of interfering with the right of such other person to vote or to vote as he may choose, or of causing such other person to vote for, or not to vote for, any candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner, at any election held solely or in part for the purpose of electing such candidate, shall be fined under this title or imprisoned not more than one year, or both.
(June 25, 1948, ch. 645, 62 Stat. 720; Pub. L. 91–405, title II, §204(d)(5), Sept. 22, 1970, 84 Stat. 853; Pub. L. 103–322, title XXXIII, §330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)
 

IS THERE A LAWYER IN THE HOUSE?
 
Regarding the clause, “or of causing such other person to vote for, or not to vote for, any candidate…”  What if a person votes for any candidate based on the lies told by others?  Is that considered 'causing'?
Now it is well known that many politicians lie when they speak in their respective Houses of Congress (Senate and House of Representatives) and they are protected from any liability in accordance with Article I, Section 6, Clause 1 of the United States Constitution.  (members of both Houses of Congress 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 from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.)
 
The “What if…” question comes into play when such lies are repeated when said politicians are not in attendance at the so-called ‘Session’.  Does the Constitution offer protection for lies told on the street or anywhere outside their respective Houses?  I don’t think so.  And I don’t think we should restrict this narrative to politicians.  There are a number of hate groups and individuals that make statements that are purely hateful and obvious lies that I’m sure affect the way their ignorant followers vote.  In my humble opinion these politicians, hate groups, and individuals should be held liable for intimidating voters for it would be a pleasure to see Chuck Schumer, Bernie Sanders, Hillary Clinton, George Soros, Barack Obama, Elizabeth Warren, and even such small fry haters as ‘Polly Sighbe fined under this title or imprisoned not more than one year, or both.

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