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PENALTIES FOR CRIMES AGAINST CABINET
OFFICERS, SUPREME COURT JUSTICES,
AND PRESIDENTIAL STAFF MEMBERS

HEARING

Lions CONGRE

BEFORE THE

SUBCOMMITTEE ON CRIM

OF THE

MAY 191983

4

COMMITTEE ON THE JUDICIARY
HOUSE OF REPRESENTATIVES

.

LIVISION

NINETY-SEVENTH CONGRESS

SECOND SESSION

ON

S. 907
PENALTIES FOR CRIMES AGAINST CABINET OFFICERS, SUPREME COURT

JUSTICES, AND PRESIDENTIAL STAFF MEMBERS

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COMMITTEE ON THE JUDICIARY

PETER W. RODINO, JR., New Jersey, Chairman JACK BROOKS, Texas

ROBERT MOCLORY, Illinois ROBERT W. KASTENMEIER, Wisconsin TOM RAILSBACK, Illinois DON EDWARDS, California

HAMILTON FISH, JR., New York JOHN CONYERS, JR., Michigan

M. CALDWELL BUTLER, Virginia JOHN F. SEIBERLING, Ohio

CARLOS J. MOORHEAD, California GEORGE E. DANIELSON, California

JOHN M. ASHBROOK, Ohio ROMANO L. MAZZOLI, Kentucky

HENRY J. HYDE, Illinois WILLIAM J. HUGHES, New Jersey

THOMAS N. KINDNESS, Ohio SAM B. HALL, JR., Texas

HAROLD S. SAWYER, Michigan MIKE SYNAR, Oklahoma

DAN LUNGREN, California PATRICIA SCHROEDER, Colorado

F. JAMES SENSENBRENNER, JR., BILLY LEE EVANS, Georgia

Wisconsin
DAN GLICKMAN, Kansas

BILL McCOLLUM, Florida
HAROLD WASHINGTON, Illinois
BARNEY FRANK, Ma achusetts

ALAN A. PARKER, General Counsel

GARNER J. CLINE, Staff Director
FRANKLIN G. POLK, Associate Counsel

SUBCOMMITTEE ON CRIME

WILLIAM J. HUGHES, New Jersey, Chairman ROBERT W. KASTENMEIER, Wisconsin HAROLD S. SAWYER, Michigan JOHN CONYERS, JR., Michigan

JOHN M. ASHBROOK, Ohio
SAM B. HALL, JR., Texas

HAMILTON FISH, JR., New York
HAYDEN W. GREGORY, Counsel
DEBORAH K. OWEN, Associate Counsel

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23-602048

PENALTIES FOR CRIMES AGAINST CABINET OF. FICERS, SUPREME COURT JUSTICES, AND PRESIDENTIAL STAFF MEMBERS

THURSDAY, SEPTEMBER 9, 1982

U.S. HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON CRIME,
COMMITTEE ON THE JUDICIARY,

Washington, D.C. The Subcommittee met, pursuant to notice, at 9:50 a.m., in room B-352, Rayburn House Office Building, Hon. William J. Hughes (chairman of the subcommittee) presiding.

Present: Representatives Hughes, Sawyer, Fish, and Kindness.

Also present: Hayden W. Gregory, chief counsel; Virginia Sloan, and Edward O'Connell, assistant counsel; and Deborah K. Owen, associate counsel.

Mr. HUGHES. The Subcommittee on Crime of the House Judiciary Committee will come to order.

This morning we are taking testimony, to be followed by subcommittee markup, on S. 907, a Senate-passed bill. S. 907 would add certain high-level Federal officials to the protections of existing law by providing criminal penalties for killing, kidnaping, attempting to kill or kidnap, and assaulting these high Federal officials.

Section 351 of title 18 of the United States Code currently protects Members of Congress and Members of Congress-elect. S. 907 would amend section 351 to add Cabinet officials and the second-incommand in those departments, the Director and Deputy Director of the CIA, and Supreme Court Justices and nominees to the Court.

Section 1751 of title 18 protects the President and Vice President, the President-elect and Vice President-elect, those in the line of succession to the Presidency, and someone legally acting as the President. S. 907 would amend section 1751 to add senior staff members in the President's and Vice President's office to its coverage.

The reason behind these amendments is obvious. Those who will be added to the protection of Federal law are high-ranking Federal officials often involved in controversial and highly visible activities. Unfortunately, along with their high positions they incur some risk to their personal safety.

Currently, attacks on these officials can generally be prosecuted only by State and local authorities. While the protections of State and local laws may often be adequate, it seems better to avoid the inconsistencies in the scope of the protection and in the punish

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