# When does the Secret Service stop guarding the candidate who lost? **URL:** \ **Category:** Factual Questions\ **Created:** [November 12, 2008, 2:47pm UTC](https://boards.straightdope.com/t/when-does-the-secret-service-stop-guarding-the-candidate-who-lost/472346 "2008-11-12T14:47:19Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![sciurophobic](https://avatars.discourse-cdn.com/v4/letter/s/cab0a1/32.png) [@sciurophobic](https://boards.straightdope.com/u/sciurophobic)\ **Post date:** [November 12, 2008, 2:47pm UTC](https://boards.straightdope.com/t/when-does-the-secret-service-stop-guarding-the-candidate-who-lost/472346/1 "2008-11-12T14:47:19Z")
Is it when he concedes? Or is there a different triggering event? ---
**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\ **Post date:** [November 12, 2008, 3:11pm UTC](https://boards.straightdope.com/t/when-does-the-secret-service-stop-guarding-the-candidate-who-lost/472346/2 "2008-11-12T15:11:44Z")
They don’t tend to publicize that kind of information. When they _start_ guarding a candidate, it’s usually noticed by the press first before they ever say anything, so I doubt they make an announcement when they stop. ---
**Author:** ![shallora](https://avatars.discourse-cdn.com/v4/letter/s/f9ae1b/32.png) [@shallora](https://boards.straightdope.com/u/shallora)\ **Post date:** [November 12, 2008, 3:25pm UTC](https://boards.straightdope.com/t/when-does-the-secret-service-stop-guarding-the-candidate-who-lost/472346/3 "2008-11-12T15:25:29Z")
> [@sciurophobic](#): > > Is it when he concedes? Or is there a different triggering event? [http://www.secretservice.gov/faq.shtml#faq9](http://www.secretservice.gov/faq.shtml#faq9) In 1965, Congress authorized the Secret Service (Public Law 89-186) to protect a former president and his/her spouse during their lifetime, unless they decline protection. In 1997, Congress enacted legislation (Public Law 103-329) that limits Secret Service protection for former presidents to 10 years after leaving office. Under this new law, individuals who are in office before January 1, 1997, will continue to receive Secret Service protection for their lifetime. Individuals elected to office after that time will receive protection for 10 years after leaving office. Therefore, President Clinton will be the last president to receive lifetime protection. Subject to change of course . . . ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [November 12, 2008, 3:32pm UTC](https://boards.straightdope.com/t/when-does-the-secret-service-stop-guarding-the-candidate-who-lost/472346/4 "2008-11-12T15:32:08Z")
> [@shallora](#): > > [http://www.secretservice.gov/faq.shtml#faq9](http://www.secretservice.gov/faq.shtml#faq9) > > In 1965, Congress authorized the Secret Service (Public Law 89-186) to protect a former president and his/her spouse during their lifetime, unless they decline protection. In 1997, Congress enacted legislation (Public Law 103-329) that limits Secret Service protection for former presidents to 10 years after leaving office. Under this new law, individuals who are in office before January 1, 1997, will continue to receive Secret Service protection for their lifetime. Individuals elected to office after that time will receive protection for 10 years after leaving office. Therefore, President Clinton will be the last president to receive lifetime protection. > > Subject to change of course . . . I think the OP is asking about someone like John McCain who enjoyed SS protection while he was a candidate for President. When he lost the election when does SS protection go away? I _thought_ I read somewhere it ends rather immediately (I’m sure there is some small wind-down time). Since McCain is no longer a candidate or President-elect what use in attacking him? Be like attacking any Senator. Not enough reason there to merit extraordinary protection. ---
**Author:** ![thirdname](https://avatars.discourse-cdn.com/v4/letter/t/d07c76/32.png) [@thirdname](https://boards.straightdope.com/u/thirdname)\ **Post date:** [November 12, 2008, 3:39pm UTC](https://boards.straightdope.com/t/when-does-the-secret-service-stop-guarding-the-candidate-who-lost/472346/5 "2008-11-12T15:39:48Z")
For that matter, if they protect candidates, I’d imagine they can’t protect all of them, so how do they determine which ones? Is it just the Republicans and Democrats, or also the minor parties like the Green Party or Libertarians? What about the fringe nutjob candidates? ---
**Author:** ![Gus\_Gusterson](https://avatars.discourse-cdn.com/v4/letter/g/85f322/32.png) [@Gus\_Gusterson](https://boards.straightdope.com/u/Gus_Gusterson)\ **Post date:** [November 12, 2008, 4:11pm UTC](https://boards.straightdope.com/t/when-does-the-secret-service-stop-guarding-the-candidate-who-lost/472346/6 "2008-11-12T16:11:03Z")
From [http://www.secretservice.gov/protection.shtml:](http://www.secretservice.gov/protection.shtml:) > [@](#): > > Major presidential and vice presidential candidates, and their spouses within 120 days of a general presidential election That’s not the clearest statement, but I read it to mean that McCain lost protection right after the election. Also, I assume that “major” meant that they only protected Obama and McCain and their running mates in this election. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [November 12, 2008, 4:25pm UTC](https://boards.straightdope.com/t/when-does-the-secret-service-stop-guarding-the-candidate-who-lost/472346/7 "2008-11-12T16:25:11Z")
I am almost certain they extended Obama protection prior to that 120 days given the greater danger of him being black bringing out the loons who would do him harm. ---
**Author:** ![sciurophobic](https://avatars.discourse-cdn.com/v4/letter/s/cab0a1/32.png) [@sciurophobic](https://boards.straightdope.com/u/sciurophobic)\ **Post date:** [November 12, 2008, 5:05pm UTC](https://boards.straightdope.com/t/when-does-the-secret-service-stop-guarding-the-candidate-who-lost/472346/8 "2008-11-12T17:05:09Z")
> [@Gus\_Gusterson](#): > > From [http://www.secretservice.gov/protection.shtml:](http://www.secretservice.gov/protection.shtml:) > > That’s not the clearest statement, but I read it to mean that McCain lost protection right after the election. McCain was on the Tonight Show last night and Leno made a comment about McCain being alone the day after the election. I was wondering when on Election Day the agents can take out their ear pieces and grab a beer. ---
**Author:** ![Merhouse](https://avatars.discourse-cdn.com/v4/letter/m/b5a626/32.png) [@Merhouse](https://boards.straightdope.com/u/Merhouse)\ **Post date:** [November 12, 2008, 5:09pm UTC](https://boards.straightdope.com/t/when-does-the-secret-service-stop-guarding-the-candidate-who-lost/472346/9 "2008-11-12T17:09:31Z")
> [@Whack-a-Mole](#): > > I am almost certain they extended Obama protection prior to that 120 days given the greater danger of him being black bringing out the loons who would do him harm. I’m sorry, I can’t help myself: I’m pretty certain Obama has a much greater danger of being black than does McCain 😉 Having said that, though, I do believe you’re right. Also, I think it was on last night’s Tonight Show when Leno made some comment about the day after the election McCain was seen leaving his home (ALONE) to get a cup of coffee someplace. It was along the lines of “how quickly they forget”, but since McCain WAS his guest last night, it was all good. And McCain basically said something along the lines of “You lose, they don’t need to have anything to do with you anymore.” ---
**Author:** ![Jophiel](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jophiel/32/66_2.png) [@Jophiel](https://boards.straightdope.com/u/Jophiel)\ **Post date:** [November 12, 2008, 5:17pm UTC](https://boards.straightdope.com/t/when-does-the-secret-service-stop-guarding-the-candidate-who-lost/472346/10 "2008-11-12T17:17:21Z")
Obama received Secret Service protection early into the campaign (May) after IL Senator Dick Durbin asked them to extend protection early and there was supposedly enough credible threat that the Secret Service thought it was worthwhile. Hillary Clinton had protection throughout the primaries due to her position as a former First Lady. ---
**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\ **Post date:** [November 12, 2008, 7:43pm UTC](https://boards.straightdope.com/t/when-does-the-secret-service-stop-guarding-the-candidate-who-lost/472346/11 "2008-11-12T19:43:03Z")
It happens as soon as it’s apparent that the candidate has lost, is my understanding. See the Nicholas Cage/Shirley MacClaine movie _Guarding Tess_ for a funny look at being a USSS agent for a former First Lady… maybe the worst hardship post imaginable for an ambitious young agent. ---
**Author:** ![MikeS](https://avatars.discourse-cdn.com/v4/letter/m/919ad9/32.png) [@MikeS](https://boards.straightdope.com/u/MikeS)\ **Post date:** [November 12, 2008, 7:55pm UTC](https://boards.straightdope.com/t/when-does-the-secret-service-stop-guarding-the-candidate-who-lost/472346/12 "2008-11-12T19:55:58Z")
> [@Jophiel](#): > > Obama received Secret Service protection early into the campaign (May) after IL Senator Dick Durbin asked them to extend protection early and there was supposedly enough credible threat that the Secret Service thought it was worthwhile. To clarify, the Secret Service [started protecting Obama](http://www.msnbc.msn.com/id/18474444/) in May **2007** , a full 18 months before the election. Woot! 1500 posts! ---
**Author:** ![Gary\_Robson](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gary_robson/32/3448_2.png) [@Gary\_Robson](https://boards.straightdope.com/u/Gary_Robson)\ **Post date:** [November 12, 2008, 8:23pm UTC](https://boards.straightdope.com/t/when-does-the-secret-service-stop-guarding-the-candidate-who-lost/472346/13 "2008-11-12T20:23:13Z")
> [@Gus\_Gusterson](#): > > From [http://www.secretservice.gov/protection.shtml:](http://www.secretservice.gov/protection.shtml:) > > > [@](#): > > > > Major presidential and vice presidential candidates, and their spouses within 120 days of a general presidential election > > That’s not the clearest statement, but I read it to mean that McCain lost protection right after the election. I read it to mean that protection continues for another 112 days or so. But you’re right – it’s quite ambiguous. ---
**Author:** ![Jophiel](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jophiel/32/66_2.png) [@Jophiel](https://boards.straightdope.com/u/Jophiel)\ **Post date:** [November 12, 2008, 8:38pm UTC](https://boards.straightdope.com/t/when-does-the-secret-service-stop-guarding-the-candidate-who-lost/472346/14 "2008-11-12T20:38:59Z")
> [@MikeS](#): > > To clarify, the Secret Service [started protecting Obama](http://www.msnbc.msn.com/id/18474444/) in May **2007** , a full 18 months before the election. Whoops, yes. Mentioning years is important :smack: ---
**Author:** ![Gus\_Gusterson](https://avatars.discourse-cdn.com/v4/letter/g/85f322/32.png) [@Gus\_Gusterson](https://boards.straightdope.com/u/Gus_Gusterson)\ **Post date:** [November 12, 2008, 8:51pm UTC](https://boards.straightdope.com/t/when-does-the-secret-service-stop-guarding-the-candidate-who-lost/472346/15 "2008-11-12T20:51:06Z")
Here is an excerpt from the law ([18 U.S. Code § 3056 - Powers, authorities, and duties of United States Secret Service | U.S. Code | US Law | LII / Legal Information Institute](http://www4.law.cornell.edu/uscode/uscode18/usc_sec_18_00003056----000-.html)) that authorizes protection of candidates. Note that the wording here is different than what I posted earlier, completely changing the significance of the “120 days” part: > [@](#): > > (a) Under the direction of the Secretary of Homeland Security, the United States Secret Service is authorized to protect the following persons: > > … > > (7) Major Presidential and Vice Presidential candidates and, within 120 days of the general Presidential election, the spouses of such candidates. The 120 days only applies to the spouses. The candidates themselves will often have protection much earlier. From my reading of the following, candidates may get protection as soon as they are deemed to be “major” candidates, though they may decline the protection. > [@](#): > > As used in this paragraph, the term ‘‘major Presidential and Vice Presidential candidates’’ means those individuals identified as such by the Secretary of Homeland Security after consultation with an advisory committee consisting of the Speaker of the House of Representatives, the minority leader of the House of Representatives, the majority and minority leaders of the Senate, and one additional member selected by the other members of the committee. … The protection authorized in paragraphs (2) through (7) may be declined. In the absence of anything stating when protection ends, I believe that what makes the most sense is that it ends when the election has been decided. At that point, they are no longer candidates - they are now the President- and Vice President-Elect and the losers. Unless the losers are eligible for protection under one of the other paragraphs (as in Hillary Clinton’s case), they have no need for nor right to protection under this law. ---
**Author:** ![cmkeller](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cmkeller/32/118_2.png) [@cmkeller](https://boards.straightdope.com/u/cmkeller)\ **Post date:** [November 12, 2008, 8:58pm UTC](https://boards.straightdope.com/t/when-does-the-secret-service-stop-guarding-the-candidate-who-lost/472346/16 "2008-11-12T20:58:18Z")
> [@](#): > > What about the fringe nutjob candidates? Lyndon Larouche probably wouldn’t trust the secret service anyway. ---
**Author:** ![Rattlehead02](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rattlehead02/32/3944_2.png) [@Rattlehead02](https://boards.straightdope.com/u/Rattlehead02)\ **Post date:** [November 12, 2008, 8:59pm UTC](https://boards.straightdope.com/t/when-does-the-secret-service-stop-guarding-the-candidate-who-lost/472346/17 "2008-11-12T20:59:03Z")
Did Ross Perot get Secret Service protection when he ran? He was at the debates, so it seems he may have been considered “major.” ---
**Author:** ![Gus\_Gusterson](https://avatars.discourse-cdn.com/v4/letter/g/85f322/32.png) [@Gus\_Gusterson](https://boards.straightdope.com/u/Gus_Gusterson)\ **Post date:** [November 12, 2008, 9:17pm UTC](https://boards.straightdope.com/t/when-does-the-secret-service-stop-guarding-the-candidate-who-lost/472346/18 "2008-11-12T21:17:40Z")
> [@GildedLily](#): > > Did Ross Perot get Secret Service protection when he ran? He was at the debates, so it seems he may have been considered “major.” A quick search suggests that he declined the protection. If I find a reliable source I’ll post it. ---
**Author:** ![sciurophobic](https://avatars.discourse-cdn.com/v4/letter/s/cab0a1/32.png) [@sciurophobic](https://boards.straightdope.com/u/sciurophobic)\ **Post date:** [November 13, 2008, 12:58am UTC](https://boards.straightdope.com/t/when-does-the-secret-service-stop-guarding-the-candidate-who-lost/472346/19 "2008-11-13T00:58:44Z")
It’s obvious the protection ends once the candidate loses. I’m just wondering how the Secret Service determines the candidate has lost. Is it when the major networks announce it, or do they have to wait for the candidate to concede? And who makes the decision? I would think the agents guard the candidate until told otherwise, and not just because CNN told them the election’s over. ---
**Author:** ![Absolute](https://avatars.discourse-cdn.com/v4/letter/a/b2d939/32.png) [@Absolute](https://boards.straightdope.com/u/Absolute)\ **Post date:** [November 13, 2008, 1:28am UTC](https://boards.straightdope.com/t/when-does-the-secret-service-stop-guarding-the-candidate-who-lost/472346/20 "2008-11-13T01:28:12Z")
> [@sciurophobic](#): > > It’s obvious the protection ends once the candidate loses. I’m just wondering how the Secret Service determines the candidate has lost. Is it when the major networks announce it, or do they have to wait for the candidate to concede? And who makes the decision? I would think the agents guard the candidate until told otherwise, and not just because CNN told them the election’s over. My guess would be they protect the candidate at least until several hours after he’s conceded, and has concluded his final public appearance of the evening. I wouldn’t be surprised if the protection continues for another day or two as the campaign winds down, the candidate arrives back home, etc. [Next page](https://boards.straightdope.com/t/when-does-the-secret-service-stop-guarding-the-candidate-who-lost/472346.md?page=2)