Still debating “speech and debate”
I’ve already argued at some length why I think Speaker DiMasi is on shaky legal grounds in invoking Article 21 of the MA Constitution, which provides legal immunity for “deliberation, speech and debate, in either house of the legislature,” as grounds for refusing to hand over records sought by the State Ethics Commission. In part, my argument assumes that the sought-after records relate to the award of a government contract to Cognos, the software company at the center of this whole thing.
But wait, says Ernie — it’s not just the contract. There was a supplemental budget involved which was to fund the contract. So it’s a legislative matter, ergo, Article 21 applies, and DiMasi is home free.
Now, this is not a crazy argument (even though Ernie raised it). So let’s dig a little deeper. On to the flip!