Mercury Rising 鳯女

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GOPers Confuse Civil And Criminal Law, Make Asses Of Selves In Public

Posted by Phoenix Woman on March 3, 2011

You can tell that Firedoglake is scaring the living daylights out of the conservatives tasked with defending Scott Walker and the other Koch Republicans in elective office in Wisconsin. A whole passel of them — or one determined fellow with a “persona management” account — has decided to invade this comments thread for this post at FDL concerning the highly unconstitutional (not to mention illegal) effort to pretend that the fourteen Democratic state senators in exile have broken a law and therefore are subject to arrest, even though the state constitution expressly exempts them from arrest for all civil complaints and in fact everything but “treason, felony and breach of peace”.

One of the trollies thinks he/she/it has a winning rebuttal with this citation:

Article IV, §15 – ANNOT.

The members of the Wisconsin Constitutional Convention did not intend to create a legislative privilege from criminal arrest and prosecution when they included article IV, section 15 in the Wisconsin Constitution. The phrase “treason, felony and breach of the peace” in that section was intended to mean all crimes. State v. Burke, 2002 WI App 291, 258 Wis. 2d 832, 653 N.W.2d 922, 02-2161.

http://legis.wisconsin.gov/statutes/wisconst.pdf

Of course, said trollie is either really dumb and just copying what he/she/it saw cited by fellow trolls, or is an enormous, mendacious, disembodied anus. Because guess what? The Burke case is about criminal, not civil complaints — and a full reading of the paragraph so carefully and deceptively edited by the trollie or the person from whom the troll lifted the trope shows this clearly:

We conclude that the members of the Wisconsin Constitutional
Convention did not intend to create a legislative privilege from criminal arrest and
prosecution when they included article IV, section 15 in the Wisconsin
Constitution. The phrase “treason, felony and breach of the peace” in that section
was intended to mean “all crimes.” We therefore agree with the trial court that
Burke is not privileged from criminal prosecution.

Of course, the reason the Koch Republicans are so determined to try and criminalize time-honored and accepted political procedure is because they are about to lose their Senate majority to recall elections: “The Republicans are engaging in b.s. strong-arming because they know it’s their only chance to finish off the assault on public employee rights before their asses get kicked to the curb.”

(Crossposted to Renaissance Post.)

2 Responses to “GOPers Confuse Civil And Criminal Law, Make Asses Of Selves In Public”

  1. Charles II said

    It’s a criminal offense not to do what David Koch orders. He bought the Republican Party, he paid for it, and it d–n well better do what he commanded. That’s how democracy works, don’t you know?

  2. Charles II said

    By the way, one of the things that bothers me about the responses at Firedoglake to the trolls is that no one seems to get the idea that union = formation of a single entity. If there is no collective bargaining, there is no union.

    Also, I did not see anyone ask the question of what our foreign policy would have looked like if each of the 50 states had negotiated its own deals with our enemies.

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