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Members of Congress can be arrested for this offense even when attending Congress.

User Cobold
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Final answer:

Members of Congress are granted immunity from arrest while attending or traveling to and from Congress, except for instances of treason, felony, or breach of the peace to protect the legislative process while ensuring accountability for serious crimes.

Step-by-step explanation:

Arrest Privileges of Members of Congress

According to the United States Constitution, specifically Article I, Section 6, members of Congress enjoy certain privileges regarding arrest. While they are attending sessions of their respective Houses, as well as during their travel to and from Congress, they cannot be arrested, except in cases involving treason, felony, or breach of the peace. These protections are in place to ensure that legislators can perform their duties without interference from possible civil lawsuits or criminal allegations that do not rise to these levels of seriousness. However, this immunity does not extend to the serious criminal offenses mentioned above; hence, for treason, felony, or breach of the peace, a member of Congress can be arrested even if they are on their way to or attending Congressional sessions.

This provision aims to protect the legislative process while also holding members accountable for severe crimes. The concept of legislative immunity is ingrained in the Constitution to prevent the misuse of legal processes to influence or intimidate legislators. Importantly, this immunity applies to civil arrests and does not provide shelter from criminal matters, thereby balancing accountability with the functional independence of the legislative branch.

User Marcelo Noronha
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