I'm not sure that is the case, at least I am not sure that the case is clear. Here is what article 1 section 6 of the constitution has to say:
Section 6. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place.
If you conclude that they were not protected because the house was not in session, they were anyway protected because they were "returning from same."The Constitution does not say they may not loiter on the way home. Surely you cannot argue that there was a breach of the peace.
Not even Nancy Polisi, however,would be stupid enough to arrest United States Representatives in the Capitol building for debating an empty well of the House. One can only wish that she had done so.
That’s the letter of the law, but they weren’t “returning” from anywhere. The session was called. I’m not a lawyer, but I’m sure some of them are or were talking to theirs.
The Dems have pushed it before. Personally, I want the Fierce 50 back fighting on Monday.
This isn’t Hollywood. The good guys don’t always win.
I wouldn’t have stayed.
This is why they left....Republicans obey the law
“This was the irony. Republicans were stirring up all sorts of trouble inside the chamber. But no one could see it. That is except for the aides and the tourists watching the show from the gallery. I later put the same question to Rep. Mike Pence (R-IN). He told me that lawmakers had to obey the rules.”