tequila4kapp said:
Did the FBI investigate or punt because of the speech and debate clause?
Does that clause really protect leaking classified materials?
Do staffers get S and D protection too?
Did the FBI investigation- if there was one - include interviewing staffers? Did they corroborate or contradict these claims?
Was Schiff interviewed by the FBI?
If the decision was taken not to investigate, who made the decision?
We don't know why the FBI punted - or for that matter if they did punt. TBD
The S&D clause does not extend to activities outside the legislative process/sphere (which is broadly defined). If the facts are as presented - again a big if - then I don't believe anonymously leaking top secret information (or for that matter false information) for the express purpose of harming your political opponent is part of the legislative process, broadly defined. Obviously a court has never been presented with this exact fact pattern.
Staffers have limited S&D protection . . . again tied to the legislative process. There is a case addressing this.
https://supreme.justia.com/cases/federal/us/408/606/Obviously, I have on way to consider your final 3 excellent questions. Hopefully we will find out.
The S&D clause provides immunity from prosecution. It doesn't mean a crime didn't occur. I'll revert to my prior post. It may be that the only accountability here is a full investigation rather than prosecution. But there needs to be a full investigation and accountability.