Following the recent Capitol Riot I started to wonder about incitement. I ended up wondering about members of Congress, who are protected against arrest and questioning for what they say when Congress is in session (Constitution Article I, Section 6, Clause 1). If during a session of Congress, a Representative or Senator urged their supporters to invade the White House, but refused to comment outside of Congress, could they be charged with incitement? Furthermore, if yes (or no), to what extent could this be pushed? Could a member of Congress ask their supporters to assassinate members of the other party? Could the 14th amendment be applied to bar them from office for participating somewhat in an insurrection?
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Not in court
The speech or debate clause protects statements made in the chamber from civil or criminal proceedings absolutely. However, the House or Senate (as applicable) can take action including expelling the Congressperson.
Dale M
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