Can the Representatives and Senators who signed Bush's FISA revision be sued?

[Ian_rd]

Just a thought.

The U.S. Representatives and Senators who signed onto Bush's revision of FISA signed onto a bill that is clearly unconstitutional and is certain to be found as such by any judge with his or her robes. Can these lawmakers be sued therefore for breaking their oath of office? Or is the only legal recourse available to wait until Bush actually practices it, and then take the administration to court over the action? Which unfortunately is nearly impossible because Congress just agreed for his actions to remain totally secret and therefore beyond the reach of civil action notwithstanding a leak.

I don't want these politicians to get a free pass.

[MrCoffee]

1. no, they can't.

[Ian David]

11. What about under RICO?

Abusing their otherwise legitimate office, to interfere with interstate trade (communications) in furtherance of a criminal enterprise.

[Cessna Invesco Palin]

12. OK, that one actually made me laugh.

In a good way. Very clever.

[MrCoffee]

14. that's a non-starter

there's no possible way to read RICO to permit suits against Congress for performing its function.

[Ian David]

15. What about a Bivens action?

Could you argue, that by deliberately violating The Constitution, they were acting outside the legitimate scopes of their offices?

[tularetom]

2. For what? Being friggin invertebrates?

I'm afraid the only remedy is to find primary candidates who actually possess a spine to run against these wimpy wusses next year.

[dflprincess]

5. That only works with the House members who voted for it

Some of the senators aren't up for reelection. For example, Amy Klobuchar was just elected last fall, so we're stuck with her until 2012.

[northzax]

3. no

you cannot sue an elected official for actions taken as part of their office.

[Cessna Invesco Palin]

4. See, we have this thing called "voting."

Which is designed to address just this issue. Sheesh.

[Ian_rd]

6. You could say that about every unconstitutional act committed by Bush

That's what the Right says these days about impeachment.

I guess my question boils down to this: Does the Oath of Office mean ANYTHING? Anything legally binding?

[MrCoffee]

10. Absolutely not. The oath has no legal authority at all.

It's not like an oath in court where you could face perjury charges if you lie.

[peacetalksforall]

8. Voting is not the answer - there is a critical timing problem.

[peacetalksforall]

7. I am in favor of exploring this concept all the way.

I am surprised about my disgust and anger at these people - especially the up and coming newbies Senators - Webb and Klobuchar. Feinstein has disappointed on essential votes before - always tottering. Most of the other Senators are very predictable. We don't really have a close majority.

[treestar]

9. There must be a procedure for removing people from Congress

Though it might involve Congress itself.

Each state might have a law on that - the equivalent of impeachment.

A lawsuit might be a novel approach, but it would probably end up in summary judgment that there is no ground for it.

[Ian David]

13. Yes, there is a way.

Give one of them a blowjob, bring a videocamera, and then call Larry Flynt, at 1-800-251-2714

[Ian_rd]

17. So freakin' sad but true - that is in fact the most efficient way to remove people from office (nt)

How's that bumper sticker go? "Would someone please give Bush a blowjob so we can impeach him already?"

[treestar]

18. Too true! Sad commentary on our society, but that would probably

work much better than any ground of dishonesty or incompetence!

[Ian David]

19. Then again, you can be caught wearing diapers with a whore and stay in office now.

The Republick Party has really lowered their standards.

[izzie]

16. I do not know but I sure hope some one keeps these list of

who voted for what in front of the voters.