Why are Justice Department lawyers representing Murtha?
Lawyers for Rep. John P. Murtha will appeal a recent ruling advancing a defamation lawsuit brought against the Pennsylvania Democrat by a U.S. Marine under investigation for killing Iraqi civilians.
Justice Department lawyers representing Murtha on Nov. 16 filed notice that they planned to appeal a federal district court judge’s Sept. 28 ruling allowing the lawsuit to proceed and ordering Murtha to give sworn testimony in the case.
The question gets answered here:
If the court determines Murtha indeed was acting in his official capacity, the U.S. government could be substituted as the defendant ” a move that would effectively neuter the case because the federal government cannot be sued for libel.
But Wuterich’s lawyer, Mark S. Zaid, said Monday that the deposition now likely will be delayed, pending a determination from the U.S. Court of Appeals for the District of Columbia Circuit. The court will have to determine whether it has the jurisdiction to hear Murtha’s appeal at this stage or if it should wait until a lower court determine’s the fate of Wuterich’s lawsuit.
Can that be? What exactly is the scope of his capacity? Don’t you love how we pay for his defense lawyers?
Allahpundit says that if “that defense flies, then Dollar Bill Jefferson really was just keeping his cash cool.”
You don’t have to shave below your neck. It was joke 
You know at least 20 ways to open a beer bottle. Its joke 
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November 21, 2007 - 10:37 PM on November 21st, 2007
As long as his statements were made in the well of the House, they are covered under the “Speech and Debate” clause of the Constitution. Seeing as his comments were made during a press conference outside of the House, I don’t see how he’d be entitled to that protection. If he is found protected by the speech and debate clause, the Senator with the happy feet in Minneapolis would have a case for an appeal based on his right to express himself as a Senator.