Motions: * Politics This House would grant politicians immunity from prosecution PROS Giving politicians’ immunity from prosecution allows them to focus on performing their duties The premier reason that most states, even those that allow for the prosecution of politicians, abstain from prosecuting them while they hold office is that being a politician is a job that requires one’s undivided attention. Especially for the holders of prominent national-level offices, writing legislation, responding to crises under one’s purview, consulting one’s constituents, and engaging in campaign work often lead to politicians working an upwards of 12 hour day, every day. To expect politicians cope with all of these concerns will simultaneously constructing a defense against pending charges would be to abandon all hope of them serving their constituents effectively. We are rightly aggravated when politicians take extensive vacations or other extracurricular forays. Being under indictment not only consumes even more of a politician’s time; the stress it causes will inevitably seep into what remaining time they do allocating to fulfilling their duties, further hindering their performance. The impeachment proceedings for Bill Clinton on charges of perjury and obstruction of justice were so intensive that they took tremendous resources away from not only the president himself, but all branches of the federal government for several months, amidst serious domestic and foreign policy concerns such as the ongoing war in Kosovo. Politicians should be able to make difficult decisions without fear that selecting one option will lead to their incarceration By the most popular definition, a state is the entity with the monopoly on the legitimate use of force within a defined territory. Politicians, as the government of that state, necessarily wield the institutions of that state force. This results in the tremendous responsibility of deciding when the overwhelming power of the state is exercised. This pertains to a variety of areas, such as police action against civil unrest, the interrogation of both alleged and convicted terrorists, and economic policies that subsidize industries with state resources. While it is certainly possible to brazenly abuse this power, in many cases politicians are presented with options which are, if at all illegal, marginally so, and made with the good faith interest of the nation at heart. There are even conceivable situations in which a politician may exercise options that are clearly illegal but serve an overwhelming state interest; consider an illegal raid on a private building in order to prevent a nuclear bomb from going off. While documented instances of policy-makers choosing not to act for a particular reason are rare, several senior CIA officials stated that they had become risk averse merely because the idea of prosecuting officials who made security policy had entered the public discourse. We ought to place politicians in a situation where the only factor in their decision-making process is what serves the public interest, rather than having to weigh what they consider to be the right action against the chance it will lead to their incarceration. Attempting to avoid this through a limited system which allowed for the prosecution of apolitical crimes but immunity for political decisions would fail to accomplish the goals of prosecution of politicians, which is primarily to protect against political abuses of state power which threaten the rights of the citizenry In the event of major abuses of power it should be the public that holds politicians to account. The obvious benefit to prosecuting politicians is that it punishes – and thereby deters – corruption by politicians. However, this benefit can be achieved through other means. Firstly, many western liberal democracies have one form or another of removing a politician from office in the midst of their term, such as impeachment in the American system or a vote of no confidence against the government in the Westminster system. While defenders of immunity oppose impeachment as contrary to the principles outlined above (because of the effect that it may have on political duties), this is an option that remains in cases of gross misconduct. If the political will cannot be mobilized to remove a sitting politician, they are held accountable by the electorate to whom they must answer in the next election, and who will likely punish blatant misuse of political power. Even if the individual politician has reached a limit on their term of office, or does not seek reelection, they are still held in check by the damage that will be done to their party in the event of major misconduct on their part. Finally, most politicians are significantly concerned about their legacy, which is tarnished significantly by corruption even if they are never held legally accountable for it. While Nixon received a full pardon from his success, his name has become synonymous with criminality and scandal: a fate most politicians wish to avoid. Seeing a politician put on trial hurts the integrity of their office. It does tremendous damage to the public perception of a given political position to see the holder of that position on trial for criminal acts. Politicians are important role models for the populace at large, and shining light on everyone one of their misdeeds is not conducive to them playing such a role. This hurts the ability of their successors who, though completely innocent, are stepping into an institution now tainted with the image of corruption or scandal. Finally, the very process of prosecution can be damaging to the country, as citizens on opposing sides of the political spectrum disagree over the legitimacy of charges. These effects all deal real damage to the political institutions necessary for the functioning of the state. Prosecutions of politicians are often motivated by partisan concerns. As noted above, the political life is steeped in difficult decisions, and some of these are bound to result in choices that are at least potentially illegal. The ability to prosecute politicians incentivizes political opponents to search out past actions by said politicians so as to immobilize them politically. Such prosecutions are therefore not motivated by concern for justice, nor are they conducive to a well-functioning, multipartisan political system wherein representatives seek to work together to achieve their political ends. In the most extreme cases, powerful politicians use prosecutions to immobilize their political opponents.

CONS

The ability to prosecute politicians is the ultimate protection against the abuse of power.
It is impossible to overstate the power that the threat of prosecution has to stay the hand of anyone, including a politician, from transgressing the laws of the state. In fact, we need more aggressive prosecution of politicians. Not a single person has been prosecuted for approval illegal torture or wiretapping. These are illegal actions actually happening which the populace, with only the blunt instrument of voting for or against a politician on the sum total of their policies, is unable to effectively influence. There is no greater deterrent that could be used against politicians.
Politicians who commit crimes are likely unfit to serve.
The sort of person who commits an offense has demonstrated irresponsibility and so is unworthy of the public trust. Would any reasonable citizen wanted to be represented by a domestic abuser, or have a fraudster manage the public treasury? While almost all people are capable of atonement and redemption, someone who commits crimes worthy of prosecution while in office ought to be immediately removed for the betterment of the state.
Immunity for politicians is an unjust double standard
Every victim deserves to have the perpetrator of their suffering answer for their misdeeds. It is unjust that certain offenders would avoid retribution, and certain victims would be denied their day in court, simply because of a factor external to the commission of the crime. Even if the crime is not external to the criminal’s political role, the foundation of a free and fair justice system is that all individuals are treated alike, regardless of perceived importance. Hence, a wealthy philanthropist will not be spared from prosecution simply because they are a pillar of the community. Politicians should receive no greater reprieve.
Immunity for politicians hurts the image of their office
Far from the worst PR for an office being that a holder of it is on trial, the worst possible public perception of a political institution is that it is wracked with corruption, with it not even theoretically possible to hold its members to account. Prosecuting politicians makes it clear that their office is not a den of impunity, and in the wake of a scandal, restoring public confidence in politicians to come. The public wants their politicians to be accountable and granting immunity harms accountability by denying an option.
Immunity creates a perverse incentive to hang on to their office as long as possible.
Prosecutorial immunity brings about a massive side-benefit to being in office. It is easy to get used to a life where minor indiscretions go regularly unpunished, as has happened with dignitaries holding diplomatic immunity. Immunity from prosecution may spur a politician to seek reelection into their old age when they are significantly less effective at performing their duties. This is one reason why in the vast majority of democracies elected representatives, while far from poor, are not paid massive salaries; we don’t want people getting into politics for the wrong reasons. This House believes that bribery is sometimes acceptable This House would grant politicians immunity from prosecution This House believes all nations have a right to nuclear weapons This House believes there can be such a thing as a Just War This House would use torture to obtain information from suspected terrorists. This House Believes Terrorism can be justified This House would negotiate with terrorists This House would have no elections rather than sham elections This House believes you have nothing to worry about surveillance if you have done nothing wrong. This House believes elections do not bring change