CRS-6 There was in effect in 1963 general murder and manslaughter statutes but they were effective to confer federal jurisdiction only when such offenses were committed in the "special maritime and territorial jurisdiction of the United States." 18 U.S.C. 1111(b) and 1112(b). This limited jurisdiction was defined as follows in Title 18, U.S. Code: § 7. Special maritime and territorial jurisdiction of the United States defined The term "special maritime and territorial jurisdiction of the (1) The high seas, any other waters within the admiralty and (2) Any vessel registered, licensed, or enrolled under the laws of the United States, and being on a voyage upon the waters of any ol the Great Lakes, or any of the waters connecting them, or upon the Saint Lawrence River where the same constitutes the International Boundary Line. (3) Any lands reserved or acquired for the use of the United States, and under the exclusive or concurrent jurisdiction thereof, or any place purchased or otherwise acquired by the United States by consent of the legislature of the State in which the same shall be, for the erection of a fort, magazine, arsenal, dockyard, or other needful building. (4) Any island, rock, or key containing deposits of guano, which may, at the discretion of the President, be considered as appertaining to the United States. (5) Any aircraft belonging in whole or in part to the United States, or any citizen thereof, or to any corporation created by or under the laws of the United States, or any State, Territory, District, or possession thereof, while such aircraft is in flight over the high seas, or over any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State. As amended July 12, 1952, c. 695, 66 Stat. 589. CRS-5 As used in this section, the terms "organizes” and “organize”. with respect to any society, group, or assembly of persons, include the recruiting of new members, the forming of new units, and the Arouping or expansion of existing clubs, classes, and other units of such society, group, or assembly of persona. § 241. Conspiracy against rights of citizens If two or more persons conspire to injure, oppress, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured They shall be fined not more than $10,000 or imprisoned not more than ten years, or both; and if death results, they shall be subject to imprisonment for any term of years or for life. § 242. Deprivation of rights under color of law Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any inhabitant of any State, Territory, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such inhabitant being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined not more than $1,000 or imprisoned not more than one year, or both; and if death results shall be subject to imprisonment for any term of years or for life. Equally anomalous were the statutory provisions which existed in 1963 which specifically directed the Secret Service to protect the President but did not give that Service the authority to arrest anyone who did harm him. 18 U.S.C. 3056 as it existed in 1963 authorized Secret Service Officers to arrest only for offenses against the laws of the United States relating to coins, obligations and securities of the United States and of foreign governments and for certain other offenses not involving violence. CRS-7 This, of course, does not include murder or manslaughter committed on a public street in downtown Dallas. Following the assassination of President Kennedy, several statutes were enacted which materially enlarged federal jurisdiction over crimes of violence. The President's Commission on the Assassination of President Kennedy gave impetus to this enlargement by recommending that the Congress adopt legislation which would: "Punish the murder or manslaughter of, attempt or conspiracy the President, Vice President, or other officer next in the order whether or not the act is committed while the victim is in the performance of his official duties or on account of such performance." The Commission was somewhat concerned that federal power might constitutionally be exercised only if the legislation contained a restriction that the hostile act occur while the victim was engaged in or because of the performance of official duties, but it concluded, primarily on the authority of the Report on Bills to Make Assassination of the President a Federal Crime, by the Association of the Bar of the City of New York, July 1964, that the governmental consequences of the assassination of one of the specified officials gave the United States ample power to act for its own protection. Following the assassination of President Kennedy, approximately 50 measures on the subject of assassination of the Chief Executive were introduced in the 89th Congress. Hearings were held in the House CRS-8 of Representatives on H.R. 6097 and thereafter Public Law 89-141 was enacted and signed into law on August 28, 1965. It added a new Section 1751 to Title 18, U.S. Code: 1751. Presidential assassination, kidnaping, and as- (a) Whoever kills any individual who is the (b) Whoever kidnaps any individual designated in subsection (a) of this section shall be punished (1) by imprisonment for any term of years or for life, or (2) by death or imprisonment for any term of years or for life, if death results to such individual. (c) Whoever attempts to kill or kidnap any individual designated in subsection (a) of this section shall be punished by imprisonment for any term of years or for life. (d) If two or more persons conspire to kill or kidnap any individual designated in subsection (a) of this section and one or more of such persons do any act to effect the object of the conspiracy, each shall be punished (1) by imprisonment for any term of years or for life, or (2) by death or imprisonment for any term of years or for life, if death results to such individual. (e) Whoever assaults any person designated in subsection (a) of this section shall be fined not more than $10,000 or imprisoned not more than 10 years, or both. (f) The terms "President-elect" and "VicePresident-elect" as used in this section shall mean such persons as are the apparent successful candidates for the offices of President and Vice President, respectively, as ascertained from the results of the general elections held to determine the electors of President and Vice President in accordance with title 3, United States Code, sections 1 and 2. (g) The Attorney General of the United States, in his discretion is authorized to pay an amount not to exceed $100,000 for information and services concerning a violation of this section. Any officer or employee of the United States or of any State or local government who furnishes information or renders service in the performance of his official duties shall not be eligible for payment under this subsection. CRS-9 (h) If Federal investigative or prosecutive jurisdiction is asserted for a violation of this section, such assertion shall suspend the exercise of jurisdiction by a State or local authority, under any applicable State or local law, until Federal action is terminated. (1) Violations of this section shall be investi- (Added Pub. L. 89-141, §1, Aug. 28, 1965, T Senate Report No. 498 on H.R. 6097 made it clear that the law was enacted to rectify the omission in federal law by making it a federal crime to kill, kidnap, or assault the President, the President-elect, the Vice President, or, if there should be no Vice President, the officer next in the order of succession to the office of President, the Vice President-elect, or any individual who should be acting as President. It was also noted that a primary advantage which would result from the measure would be the assurance of clear federal jurisdiction in the investigation of the offenses defined, which had not been the case theretofore. The question of federal power to enact a statute making it a federal crime to kill, kidnap or assault the enumerated officers without regard to their performance of official duties was laid to rest by this language in Senate Report No. 498: |