• @tal
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    23 days ago

    So, I don’t think that it’s likely in the American political system. We don’t have a tradition of giving serving officials immunity from the law – the closest we get is an extremely limited right ensuring that legislators cannot be arrested on the way to Congress, cannot have law enforcement prevent them from being in Congress.

    But many countries have political systems that do do that, do give elected officials significant immunity from the justice system. If you agree with that sort of thing, it’s aimed at ensuring that they can’t be intimidated or have power exerted against them through the justice system.

    https://en.wikipedia.org/wiki/Parliamentary_immunity

    Parliamentary immunity, also known as legislative immunity, is a system in which political leadership position holders such as president, vice president, minister, governor, lieutenant governor, speaker, deputy speaker, member of parliament, member of legislative assembly, member of legislative council, senator, member of congress, corporator, councilor etc. are granted full immunity from legal prosecution, both civil prosecution and criminal prosecution, in the course of the execution of their official duties.

    Advocates of parliamentary immunity suggest the doctrine is necessary to keep a check on unauthorised use of power of the judiciary, to maintain judicial accountability, and to promote the health of democratic institutions.

    France, for example, has this:

    Members of the Parliament of France enjoy irresponsibility for what they did as parliamentarians, and partial inviolability – that is, severe restrictions for the police or justice to arrest or detain them. Both irresponsibility and inviolability are mandated by article 26 of the Constitution of France.

    These dispositions are somewhat controversial, following abuse of such privileges.

    There was a fairly high-profile situation in the past few years where the French parliament voted to withdraw that immunity from Marine Le Pen.