Threatening the POTUS and US law

[Paul_in_Qatar]

Are the laws governing the US Secret Service’s protection of the President especially broad?

I note that they (the USSS) seems to trump local law enforcement when the Pres is in town. There was a recent story about USSS people seizing a work of art (in Chicago? Someplace cold) that depicted George Bush on a postage stamp with a pistol to his head. In a Tom Clancy novel (so you know it is true) USSS people break into a guy’s apartment and tap phones with no warrant to protect President Ryan.

So what’s the deal?

[Ravenman]

Here’s the law:

§ 879. Threats against former Presidents and certain other persons

(a) Whoever knowingly and willfully threatens to kill, kidnap, or inflict bodily harm upon—
(1) a former President or a member of the immediate family of a former President;
(2) a member of the immediate family of the President, the President-elect, the Vice President, or the Vice President-elect;
(3) a major candidate for the office of President or Vice President, or a member of the immediate family of such candidate; or
(4) a person protected by the Secret Service under section 3056 (a)(6);
shall be fined under this title or imprisoned not more than 5 years, or both.
(b) As used in this section—
(1) the term “immediate family” means—
(A) with respect to subsection (a)(1) of this section, the wife of a former President during his lifetime, the widow of a former President until her death or remarriage, and minor children of a former President until they reach sixteen years of age; and
(B) with respect to subsection (a)(2) and (a)(3) of this section, a person to whom the President, President-elect, Vice President, Vice President-elect, or major candidate for the office of President or Vice President—
(i) is related by blood, marriage, or adoption; or
(ii) stands in loco parentis;
(2) the term “major candidate for the office of President or Vice President” means a candidate referred to in subsection (a)(7) of section 3056 of this title; and
(3) the terms “President-elect” and “Vice President-elect” have the meanings given those terms in section 871 (b) of this title.

http://usgovinfo.about.com/gi/dynamic/offsite.htm?site=http://www.law.cornell.edu/uscode/18/871.shtml

[smiling_bandit]

While the Secret Service has somewhat broader powers (and those powers are preventative rather than punitive), I believe issuing death threats to anyone, not just a sitting president, is illegal. I could be wrong, though, and IANAL. I don’t recall anyone being prosecuted for it.

[Just_Some_Guy]

I recall a situation several years ago where a pair of writers for a gaming website made a joking reference about killing a president and wound up with a polite request from the secret service on their door asking them to stop by their offices for a chat. Apparently if you make public statements along those lines the SS could look into you but if they think its not serious they’ll just have a little chat to confirm that you’re not a threat and tell you not to do it again.

[Ferret_Herder]

Story cited in OP. The Secret Service left the art there, but had to come investigate once they heard about the piece of art depicting a gun to Pres. Bush’s head. They asked for the contact info on the artist so they could interview that person.

[friedo]

@smiling bandit

While the Secret Service has somewhat broader powers (and those powers are preventative rather than punitive), I believe issuing death threats to anyone, not just a sitting president, is illegal. I could be wrong, though, and IANAL. I don’t recall anyone being prosecuted for it.

Issuing death threats to anyone is illegal and people are prosecuted for it all the time. However, it is not a federal crime, unless you happen to be threatening the President, VP, federal judge, Senator, Representative, or federal employee.

[SlyFrog]

@Ravenman

Here’s the law:

http://usgovinfo.about.com/gi/dynamic/offsite.htm?site=http://www.law.cornell.edu/uscode/18/871.shtml

This states what is illegal, but unfortunately does not state what powers the USSS has in addition to ordinary police powers (if any), such as more permissible phone tapping allowances, etc.

[Ravenman]

Interesting question. Get this: The US Secret Service Uniformed Division, which is the body which is specificly charged with protecting the White House and various dignitaries (as opposed to enforcing counterfeiting laws) has this in 3 USC 202, which is the portion of law that establishes the USSS-UD.

The members of such force shall possess privileges and powers similar to those of the members of the Metropolitan Police of the District of Columbia.

Not very impressive, eh?

Well, at 18 USC 3056, the general powers of the USSS are described. Nothing pops out as being different than any other LE organization:

(b) Under the direction of the Secretary of Homeland Security, the Secret Service is authorized to detect and arrest any person who violates -

    (1) section 508, 509, 510, 871, or 879 of this title or, with respect to the Federal Deposit Insurance Corporation, Federal land banks, and Federal land bank associations, section 213, 216, 433, 493, 657, 709, 1006, 1007, 1011, 1013, 1014,1907, or 1909 of this title;

  (2) any of the laws of the United States relating to coins, obligations, and securities of the United States and of foreign governments; or

    (3) any of the laws of the United States relating to electronic fund transfer frauds, access device frauds, false identification documents or devices, and any fraud or other criminal or unlawful activity in or against any federally insured financial institution; except that the authority conferred by this paragraph shall be exercised subject to the agreement of the Attorney General and the Secretary of Homeland Security and shall not affect the authority of any other Federal law enforcement agency with respect to those laws.

©(1) Under the direction of the Secretary of Homeland Security,officers and agents of the Secret Service are authorized to -

    (A) execute warrants issued under the laws of the United States;

    (B) carry firearms;

    (C) make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony;

    (D) offer and pay rewards for services and information leading to the apprehension of persons involved in the violation or  potential violation of those provisions of law which the Secret Service is authorized to enforce;

    (E) pay expenses for unforeseen emergencies of a confidential nature under the direction of the Secretary of Homeland Security and accounted for solely on the Secretary's certificate; and

    (F) perform such other functions and duties as are authorized  by law.

[rjung]

Note that apparently you get a free pass on making threats to the POTUS if you’re a Republican Senator from North Carolina.