Elliot Berke

In early August, the Justice Department closed its investigation into former Rep. Tom Feeney, R-Fla. This development wasn’t just newsworthy because Feeney lost re-election — partly due to the cloud of investigation. It also came just weeks after a Washington, D.C., appellate court held that Feeney’s statements to the House Ethics Committee were protected by the “Speech or Debate” privilege.

The Feeney decision illustrates why last summer may go down as a seminal season for Speech or Debate jurisprudence. Courts in several jurisdictions actively reviewed the parameters of this arcane constitutional privilege.

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Post Tags: "speech or debate", Elliot Berke, House Ethics, indimidate, prosecutors, Tom Feeney

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Prosecutors must not intimidate legislators

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About Elliot Berke

Elliot S. Berke has been described by Legal Times as a “power broker” and “no stranger to politically charged investigations,” and has been profiled by ABAJournal as a member of the “D.C. Power Web.” His practice focuses on the intersection of politics and the law. His client base consists of elected and appointed officials, campaign committees, political parties, PACs, lobbying firms, corporations, small businesses, non-profits, and individuals. Elliot’s practice includes representations before congressional ethics and oversight committees, the FEC, and federal and state departments and agencies.

Prior to entering private practice, his public service career included tenures with two prominent House and Senate oversight committees, a federal prosecutor’s office investigating public corruption, a federal department as special counsel, and the leadership of the U.S. House of Representatives.