A new argument has been made in the legislative immunity part of the
case against a Baltimore council member who is now the mayor. In a
memorandum to dismiss a new indictment (attached; see below), filed on
September 8, the mayor has argued, on pages 3-10, that testimony by
someone who attended events which the mayor attended in her legislative
capacity cannot be used against her.
This is an interesting extension of the argument that legislative
immunity prevents any evidence to be introduced regarding a
legislator's legislative activity. Such evidence ordinarily includes
transcripts, recordings, legislators' testimony, and related letters
and other documents, that is, documents that are part of legislative
activity. It does not ordinarily include testimony by a non-legislator
about an activity that was non-legislative in nature, but which was
attended by a legislator.