Rep. Marjorie Taylor Greene (R-GA) could hide behind the same immunity shield protecting President Donald Trump to expose other individuals allegedly involved in Jeffrey Epstein's sex trafficking network.
Political pressure continues to mount against the Trump administration to release its files on the Epstein case, which the president continues to insist is a "hoax" concocted by his rivals, but Greene has threatened to use a legislative loophole to publicize the names provided to her by the late financier's sex abuse survivors, wrote law professor Ray Brescia for MSNBC.
"If Epstein’s victims name names, they could quickly find themselves defendants in defamation suits. That’s where Greene — and the Constitution — come in," wrote Brescia, a professor at Albany Law School. "Thanks to the 'speech and debate' clause in the Constitution, members of Congress have immunity for statements and acts carried out as part of their official duties, especially when they make statements within the legislative chambers or pursuant to their legitimate legislative powers."
Reps. Thomas Massie (R-GA) and Ro Khanna (D-CA) invited dozens of survivors to Capitol Hill to urge lawmakers to sign a discharge petition and force a vote on the Epstein files' release, and Greene pledged at that event to read a list of names provided by those women who allege abuse by the disgraced financier and his associates.
"This immunity is not without limits, but since 1880, the Supreme Court has interpreted the speech and debate clause broadly, immunizing members of the House and Senate for a wide range of official acts," Brescia wrote. "By the express terms of the Constitution, when a federal legislator carries out their official duties, 'they shall not be questioned in any other Place' for their actions. That means that, at a minimum, when their actions are covered by this clause, and a statement on the House floor related to Congress’ efforts to investigate the Epstein matter certainly would qualify, they cannot be sued for defamation."
That immunity shield would also allow Greene or other lawmakers to read statements and testimony from Epstein's alleged victims without legal consequence, but the political consequences for Trump and his defenders could be profound.
"The fact that immunity for members of Congress may help shield them from Trump’s wrath is somewhat ironic," Brescai wrote. "Just last year the Supreme Court gave the office he now holds broad immunity, apparently even to commit criminal acts. But as members of his administration threaten Republicans who're helping to bring justice to the survivors, they should remember that the members of Congress have their own immunity as well."
