# The Secret Service and crimes committed by those they're protecting

**URL:** <https://boards.straightdope.com/t/the-secret-service-and-crimes-committed-by-those-theyre-protecting/63634>\
**Category:** Factual Questions\
**Created:** [April 28, 2001, 1:25pm UTC](https://boards.straightdope.com/t/the-secret-service-and-crimes-committed-by-those-theyre-protecting/63634 "2001-04-28T13:25:05Z")\
**Posts on this page:** 14\
**Page:** 1

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**Author:** ![Milossarian](https://avatars.discourse-cdn.com/v4/letter/m/3ec8ea/32.png) [@Milossarian](https://boards.straightdope.com/u/Milossarian)\
**Post date:** [April 28, 2001, 1:25pm UTC](https://boards.straightdope.com/t/the-secret-service-and-crimes-committed-by-those-theyre-protecting/63634/1 "2001-04-28T13:25:05Z")

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As noted [here](http://www.vny.com/cf/News/upidetail.cfm?QID=181177), President Bush’s 19-year-old daughter, Jenna, was busted for minor in possession of alcohol at an Austin, Texas bar Friday night.

The article notes:

> [@](#):
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> (Austin Assistant Police Chief Michael) McDonald said both the girls (Jenna and a fellow underaged friend) were “very cooperative” and the Secret Service agents did not interfere and also cooperated with the officers. He said the agents were just outside the door “so they were not aware she (Jenna) was consuming alcohol.”

My question is, what if they were aware? (Not to mention, allowing her to be unwatched in a crowded bar? What kind of protection is _that_? But we’ll forget about that for the time being.)

The Secret Service is a branch of law enforcement, after all, in addition to protecting certain public officials and their family members.

From the FAQ at [the Secret Service’s web site](http://www.ustreas.gov/usss/) _(emphasis mine)_

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> Under Title 18, Section 3056, United States Code, agents and officers of the Secret Service can carry firearms; execute warrants issued under the laws of the United States; **make arrests without warrants for any offense against the United States committed in their presence, or for any felony recognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed such felony** ; offer and pay rewards for services and information leading to the apprehension of persons involved in the violation of the law that the Secret Service is authorized to enforce; investigate fraud in connection with identification documents, fraudulent commerce, fictitious instruments and foreign securities; **perform other functions and duties authorized by law**. The Secret Service works closely with the United States Attorney’s Office in both protective and investigative matters.

Jenna Bush drinking certainly isn’t a felony. But is it an “offense against the United States committed in their presence?” (That’s kind of odd wording, when you think about it. Does that mean they could stop or apprehend someone burning an American flag on a presidential visit somewhere?)

Would it fall under the “other functions and duties authorized by law” clause?

While on protection detail, do Secret Service agents have a responsibility to stop the person they are protecting from breaking any law? What about a felony, even if not a violent one? Which charge of their duty supercedes the other, or are they interchangeable?

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**Author:** ![Johanna](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johanna/32/8318_2.png) [@Johanna](https://boards.straightdope.com/u/Johanna)\
**Post date:** [April 28, 2001, 1:55pm UTC](https://boards.straightdope.com/t/the-secret-service-and-crimes-committed-by-those-theyre-protecting/63634/2 "2001-04-28T13:55:00Z")

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I thought it was the Secret Service agent’s duty to jump in front of that ticket.

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**Author:** ![Zarathustra](https://avatars.discourse-cdn.com/v4/letter/z/898d66/32.png) [@Zarathustra](https://boards.straightdope.com/u/Zarathustra)\
**Post date:** [April 28, 2001, 2:38pm UTC](https://boards.straightdope.com/t/the-secret-service-and-crimes-committed-by-those-theyre-protecting/63634/3 "2001-04-28T14:38:31Z")

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Milo, in that section you quoted, I think the functional word is “can”. I don’t see “must” or “will” in there anywhere.

I think Tom Clancy referred to the Secret Service as a modern Praetorian Guard. Their duty is to the US, but their loyalty is probably more attached to the person of the Commander in Chief.

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**Author:** ![Rayne\_Man](https://avatars.discourse-cdn.com/v4/letter/r/df705f/32.png) [@Rayne\_Man](https://boards.straightdope.com/u/Rayne_Man)\
**Post date:** [April 28, 2001, 2:49pm UTC](https://boards.straightdope.com/t/the-secret-service-and-crimes-committed-by-those-theyre-protecting/63634/4 "2001-04-28T14:49:34Z")

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It looks as though these goverment agencies think they are above the law.Just see today’s news about the CIA employing Nazi war criminals after the war instead of bringing them to justice.Even Werner Von Braun should have been prosecuted for using slave labour building his German rockets but,because he was needed by the US government,he got off scot free.

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**Author:** ![Monty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/monty/32/47_2.png) [@Monty](https://boards.straightdope.com/u/Monty)\
**Post date:** [April 28, 2001, 3:00pm UTC](https://boards.straightdope.com/t/the-secret-service-and-crimes-committed-by-those-theyre-protecting/63634/5 "2001-04-28T15:00:48Z")

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Milo:

It’s not an offense against the United States as the crime of consuming alcohol is a state offense. Now, if the Secret Service folks had been in the room with her and the local fuzz caught her swilling booze, then they would also be subject to arrest - by the locals!

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**Author:** ![Squink](https://avatars.discourse-cdn.com/v4/letter/s/b5e925/32.png) [@Squink](https://boards.straightdope.com/u/Squink)\
**Post date:** [April 28, 2001, 3:36pm UTC](https://boards.straightdope.com/t/the-secret-service-and-crimes-committed-by-those-theyre-protecting/63634/6 "2001-04-28T15:36:23Z")

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The agents protecting Jenna are of course subject to being hauled before congressional committees and forced to testify about any of the young ladies legal peccadilloes. The supreme court made this very clear back when congress was looking for evidence of wrongdoing by president Clinton.

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**Author:** ![msmith537](https://avatars.discourse-cdn.com/v4/letter/m/d9b06d/32.png) [@msmith537](https://boards.straightdope.com/u/msmith537)\
**Post date:** [April 28, 2001, 7:37pm UTC](https://boards.straightdope.com/t/the-secret-service-and-crimes-committed-by-those-theyre-protecting/63634/7 "2001-04-28T19:37:41Z")

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> [@](#):
>
> \*Originally posted by Milossarian \*  
> While on protection detail, do Secret Service agents have a responsibility to stop the person they are protecting from breaking any law? What about a felony, even if not a violent one? Which charge of their duty supercedes the other, or are they interchangeable?

First of all, it sounds like Bushes daughter sounds a lot cooler than that prissy horse-faced Chelsea(sp?) Clinton.

Hell, if I had Secret Service protection when I go out drinking, I would certainly abuse that power.  
Treason is a crime against the United States. Underage drinking is not. I believe the Secret Service also investigates counterfeiters.

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**Author:** ![Milossarian](https://avatars.discourse-cdn.com/v4/letter/m/3ec8ea/32.png) [@Milossarian](https://boards.straightdope.com/u/Milossarian)\
**Post date:** [April 29, 2001, 1:02am UTC](https://boards.straightdope.com/t/the-secret-service-and-crimes-committed-by-those-theyre-protecting/63634/8 "2001-04-29T01:02:26Z")

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Squink:

> [@](#):
>
> \*\*The agents protecting Jenna are of course subject to being hauled before congressional committees and forced to testify about any of the young ladies legal peccadilloes. The supreme court made this very clear back when congress was looking for evidence of wrongdoing by president Clinton.

\*\*  
My question isn’t particularly about Jenna Bush. Nor is it about whether Secret Service agents can be compelled to testify before congressional committees.

The question is, whoever they may be protecting, if the Secret Service sees them knowingly and perhaps repeatedly breaking some law, do they have a responsibility to stop that, or report it, or something?

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**Author:** ![Squink](https://avatars.discourse-cdn.com/v4/letter/s/b5e925/32.png) [@Squink](https://boards.straightdope.com/u/Squink)\
**Post date:** [April 29, 2001, 1:26am UTC](https://boards.straightdope.com/t/the-secret-service-and-crimes-committed-by-those-theyre-protecting/63634/9 "2001-04-29T01:26:33Z")

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The scuttlebut at the time the servicemen were being called before congress was that if they witnessed a violation of the law, they were obligated to report it.

Their responsibility to do so however, was not found clearly set forth in law, since it took an action by the supreme court just to force the agents to talk to interested members of congress.

It seems that, like most officers, they are given a fair amount of discretion as to what they do and do not take official notice of.

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**Author:** ![Dignan](https://avatars.discourse-cdn.com/v4/letter/d/f07891/32.png) [@Dignan](https://boards.straightdope.com/u/Dignan)\
**Post date:** [April 29, 2001, 1:57am UTC](https://boards.straightdope.com/t/the-secret-service-and-crimes-committed-by-those-theyre-protecting/63634/10 "2001-04-29T01:57:17Z")

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**msmith537** said:

> [@](#):
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> First of all, it sounds like Bushes daughter sounds a lot cooler than that prissy horse-faced Chelsea(sp?) Clinton.

Nice cheap shot on someone you’ve never met. If Chelsea had ever done anything like that people like Rush Limbaugh would’ve ripped her apart and attributed it to the “immoral” Clinton genes.

I haven’t heard much about this other than a small article in the news paper. But as long as we’re taking cheap shots, it doesn’t surprise me that she, like her old man, seems to have a taste for the juice.

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**Author:** ![CnoteChris](https://avatars.discourse-cdn.com/v4/letter/c/278dde/32.png) [@CnoteChris](https://boards.straightdope.com/u/CnoteChris)\
**Post date:** [April 29, 2001, 3:35am UTC](https://boards.straightdope.com/t/the-secret-service-and-crimes-committed-by-those-theyre-protecting/63634/11 "2001-04-29T03:35:07Z")

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> [@](#):
>
> \*Originally posted by Milossarian \*  
> The question is, whoever they may be protecting, if the Secret Service sees them knowingly and perhaps repeatedly breaking some law, do they have a responsibility to stop that, or report it, or something?  
> \*\*

I only remember hearing this on the Discovery Channel or some such place, but what I remember hearing them say was something along the lines of, “We have to give the people we protect total and complete trust in us in order for us to do our job. If a person I were protecting were having an affair with someone, for instance, I couldn’t, in good concious, talk about it. I wouldn’t be doing my job.”

Now I know I put those in quotes when I was paraphrasing, but when I heard those lines for the first time, I was so struck by them that I distinctly remember the persons meaning. That is, _I_ took his comment as, ‘whatever the hell they do, you ain’t gonna hear _me_ talking about it. That’s his shit, I’m just here to make sure he doesn’t get killed.’

Take it for whatever it’s worth.

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**Author:** ![John\_Bredin](https://avatars.discourse-cdn.com/v4/letter/j/96bed5/32.png) [@John\_Bredin](https://boards.straightdope.com/u/John_Bredin)\
**Post date:** [April 30, 2001, 9:34pm UTC](https://boards.straightdope.com/t/the-secret-service-and-crimes-committed-by-those-theyre-protecting/63634/12 "2001-04-30T21:34:36Z")

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“…that prissy horse-faced Chelsea(sp?) Clinton.”

Huh? Are you looking at eight-year-old news pictures and Leno jokes?! Chelsea’s appearance has made a real turnaround since the early days of her father’s presidency, and she’s pretty attractive now. Alongside natural changes as she got older, she had braces then but they are out now, so her jawline and the shape of her face is different.

I didn’t like Slick Willie, but I see no reason to take it out on Chelsea.

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**Author:** ![SuaSponte](https://avatars.discourse-cdn.com/v4/letter/s/67e7ee/32.png) [@SuaSponte](https://boards.straightdope.com/u/SuaSponte)\
**Post date:** [April 30, 2001, 10:15pm UTC](https://boards.straightdope.com/t/the-secret-service-and-crimes-committed-by-those-theyre-protecting/63634/13 "2001-04-30T22:15:10Z")

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> [@](#):
>
> \*Originally posted by msmith537 \*  
> First of all, it sounds like Bushes daughter sounds a lot cooler than that prissy horse-faced Chelsea(sp?) Clinton.

What is this, National Rag on the Innocent Daughters of Presidents Day? Kindly join me in [url=“[http://boards.straightdope.com/sdmb/showthread.php?threadid=69408](http://boards.straightdope.com/sdmb/showthread.php?threadid=69408)”]the Pit, you [self-deleted].

Sua

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**Author:** ![SuaSponte](https://avatars.discourse-cdn.com/v4/letter/s/67e7ee/32.png) [@SuaSponte](https://boards.straightdope.com/u/SuaSponte)\
**Post date:** [April 30, 2001, 10:16pm UTC](https://boards.straightdope.com/t/the-secret-service-and-crimes-committed-by-those-theyre-protecting/63634/14 "2001-04-30T22:16:30Z")

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[http://boards.straightdope.com/sdmb/showthread.php?threadid=69408](http://boards.straightdope.com/sdmb/showthread.php?threadid=69408)
