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FOX News Legal Analyst Judge Andrew Napolitano discusses whether Mitt Romney can sue Harry Reid for slander.
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So.
The words out that he hasn't paid any taxes for ten years.
But -- prove that he has paid taxes because he hasn't.
Question could all should Mitt Romney soon Harry Reid over that.
Allegation made on the floor of the United States senate -- and I think that's -- He's yeah he's back he smiled and he was laughing -- means the judge go let me commend you for your study of the United States constitution you understand the significance of it is having said that on the floor of the senate.
So the answers your questions and no and that -- out.
Could name Mitt Romney so yes you can file a complaint and the clerk -- except in the complaint.
But it would be dismissed out of hand and probably would end up paying senator Reid's legal bill up.
To dismiss it that's how frivolous it would be so you can say anything like on the law -- as you can eat you pay the political price correct as is no legal price parental there well there there could be an ethical price to pay.
The the senate could reprimand as it has done.
A senator for behavior.
On the senate floor which -- immune from criminal prosecution or civil liability.
-- implicates ethical problems and the senate.
And I would think that senator Reid.
Could suffer for that so so Mitt Romney could make an ethical complaint not a lawsuit -- an ethical and he would have -- on the full he would have to ask an ally in the senate to do that only a senator and -- -- I would think that senator Graham would do with the -- -- -- I -- practical matter there's no chance to do this crisis this is an issue he just doesn't wanna discuss credit whether it's true or untrue he does not want this to be on the front pages but supposing.
Senator Reid.
Made the made a mistake.
He walks off the senate -- technically just walks through -- -- off the senate floor and says it again.
Then could -- be suit well.
The the speech or debate clause without getting too technical here has been interpreted very very broadly.
And it protects you when you're on your way to the senate and we leave you kidding me but really wanna say this site anywhere let's say -- -- -- surely they went Patrick -- -- -- -- former congressman Patrick Kennedy was stopped for DW I after car hit a tree at 3 in the morning.
He claimed he was going to resolves the House of Representatives so last to argue that he was immune from prosecution for DW -- the courts didn't -- so we've got to do -- on -- plane coming from California his constituency is on the planes -- post -- he's flying over to Washington DC and he makes all -- of irrational statements he might note that protect you might be protected but if he says that little Las Vegas casino.
He would not be protected -- Hockney and an allegation of criminal activity the knowing and intentional failure to to file an income taxes as a crime.
An allegation of criminal activity is what's called libel per cent -- he -- -- on his -- -- -- I don't judge said he didn't pay any taxes.
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What's that doesn't happen any part struck her poll just move right is adequacy of back -- this that you it is good thanks very much for coming.
