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The reason Congressmen can not be arrested is to stop the Police, the Executvie Branch, from detaining and there by interfering with the voting of the Congress.

Imagine if someone with Police authority, President, a Governor, a Mayor, or such, did not want a law to pass in congress. He could simple arrest all of the congressmen who might vote against the President's wishes. Congress would not be able to function if its members were subject arrest.

I believe that only Congress can arrest congressmen. Sure the Police might bring an indictment but they cannot arreest and detain the congressmen without Congressional authority.

Otherwise Congressmen would be arrested constantly.

I also believe the "no hold" arrest policy applies to Governors and State Legislatures. Same problem. If the State of California wanted to pass a law that the Federal Government did not like then the Federal Government would just arrest the Governor so the law could not be signed into being.

So, where does this power end? What are the limits? Can the US Marshals arrest Eliot Spitzer on protitution charges and remove or imprison him while he is the Governor of New York State?

I don't think they can. It would be too easy for them to remove Governors at will.

Will the New York Legislature allow the Eliot Spitzer to remain as their Governor. I hope not.

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Q: Why are congressmen privileged from arrest during their attendance at a sessionof congress?
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