Legal Question in Constitutional Law in Colorado
Charging a Federal lawmaker with Treason
Is it possible first, for a private citizen to swear out a Federal criminal complaint against another citizen for the crime of Treason, and second, can a member of Congress be so charged?
1 Answer from Attorneys
Re: Charging a Federal lawmaker with Treason
People don't generally swear out complaints; they just complain. Because you're talking about a federal crime, you need to chat with a federal officer. The FBI is always happy to talk to people who want to allege treason, but you might not be yourself happy about why that makes the FBI happy. If you're not already on some federal list, you will be then.
Certainly a member of Congress can be charged with treason, as any crime. But if you mean because of something they said on the floor of Congress, forget it: they've got immunity there.
Good luck, and if you're going after a Republican, let's hope they give us habeas back.
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