Why politicians are above the law. Its called privilege from arrest.

[Twilight Hue]

https://constitution.congress.gov/browse/essay/artI-S6-C1-2/ALDE_00013354/

I'm kind of sorry I looked it up, but here it is.

It does answer a lot of questions I had as to why politictions get away from it.

 

[beenherebeforeagain]

Only applies to Senators and Representatives.

Only applies when they are actively engaged in a Session of their chamber...once the session is in recess--whether for the day or the year--they can be arrested for whatever violation of law applies. They are not immune to arrest EXCEPT during active session.

 

[Stevicus]

https://constitution.congress.gov/browse/essay/artI-S6-C1-2/ALDE_00013354/

I'm kind of sorry I looked it up, but here it is.

It does answer a lot of questions I had as to why politictions get away from it.

The article said they could still be arrested for "treason, felony, and breach of the peace," which was later defined to mean any criminal offense. But they can't be arrested for any offense arising from civil suits, which were common at the time the Constitution was ratified, according to the linked article.

However, there are some laws which Congress has exempted itself from.

Do As We Say, Congress Says, Then Does What It Wants

Congress exempts itself from a number of laws that apply to the private sector and the executive branch.

www.propublica.org

(A bit dated, but still an interesting example.)

Here’s our rundown of measures Congress exempts itself from:

• Whistleblower Protections: Congress passed the Whistleblower Protection Act in 1989, which protects workers in the executive branch from retaliation for reporting waste, mismanagement or lawbreaking. The Sarbanes-Oxley Act gives similar protections to private-sectors workers. But legislative-branch workers — a category that includes congressional staffers as well as employees of the Library of Congress, the Architect of the Capitol and other offices —don’t get the same protections.
• Subpoenas for Health and Safety Probes: The Occupational Health and Safety Act empowers the U.S. Department of Labor to investigate health and safety violations in private-sector workplaces. If an employer doesn’t cooperate, the agency can subpoena the records it needs. The Office of Compliance, the independent agency that investigates such violations in the legislative branch, doesn’t have the power to issue those subpoenas.
• Keeping Workplace Records: A number of workplace-rights laws — the Age Discrimination in Employment Act, the Americans with Disabilities Act and others — require employers to retain personnel records for a certain period of time. But as a recent report on the congressional workplace notes, “Congress has exempted itself from all of these requirements.” Congress is also exempt from keeping records of injuries and illness the way private-sector employers are.
• Prosecution for Retaliating Against Employees: If a private-sector employer retaliates against a worker for reporting health or safety hazards, the Department of Labor can investigate and, if necessary, sue the employer. Congress’ Office of Compliance doesn’t have that power — legislative-branch employees must file suit personally and pay their own legal fees.
• Posting Notices of Workers’ Rights: Workplace-rights laws require employers to post notices of those rights, which often appear in office lunchrooms. Congress is exempt from this requirement, though this has little real-world impact. The Office of Compliance sends legislative employees the same information each year, formatted “in a manner suitable for posting.”
• Anti-Discrimination and Anti-Retaliation Training: The No Fear Act requires agencies in the executive branch to provide such training to employees, but the legislative branch is exempt.
• The Freedom of Information Act: The public can request information from federal agencies, but Congress, the federal courts and some parts of the Executive Office of the President are exempt.

 

[Pete in Panama]

Here's a link for a search of U.S. politicians who went to prison. The search turned up a lot of Republicans that were accused and a lot more democrats that were convicted.

 

[Twilight Hue]

Here's a link for a search of U.S. politicians who went to prison. The search turned up a lot of Republicans that were accused and a lot more democrats that were convicted.

It seems it stops at anyone higher than a congressman or woman. Anything higher you are then above the law.

 

[Heyo]

It seems it stops at anyone higher than a congressman or woman. Anything higher you are then above the law.

They are not above the law - at least not by the law. Representatives have some immunity for a good reason: you can't attack a representative with frivolous law suits to silence them. But, in theory, as soon as they leave office, they are just normal citizens.
Not suing (and convicting) Presidents and Senators is just a sentimental tradition, stemming from the urge to keep face internationally. If you'd do, you'd admit what we all know - that the US is ruled by criminals.

 

[Pete in Panama]

It seems it stops at anyone higher than a congressman or woman. Anything higher you are then above the law.

my take is that it's not the power but the numbers. There've been thousands of members of congress and governors of states, but we've had only 46 presidents. We've come close w/ presidents tho. Clinton pleaded "no-lo" to making false statements in court and got a six figure fine.

 

[beenherebeforeagain]

my take is that it's not the power but the numbers. There've been thousands of members of congress and governors of states, but we've had only 46 presidents. We've come close w/ presidents tho. Clinton pleaded "no-lo" to making false statements in court and got a six figure fine.

and Nixon basically had a plea deal to get him out of office...