How does the U.S. Secret Service work? Can it protect a president in prison?
Q. How does Secret Service protection work? Does it protect a president in jail?
A. The United States Secret Service (USSS) is a federal law enforcement agency which was established in 1865 for the purpose of investigating the counterfeiting of U.S. currency. That was no small task. At the end of the Civil War, an estimated one-third of the currency in circulation was counterfeit. The agency was originally part of the U.S. Treasury Department and continued there until it was moved to the Department of Homeland Security as part of a reorganization legislation in 2002 after the attack on the U.S. on 9/11.
Since its creation, the USSS has seen its mission expand several times as a result of executive orders, departmental guidelines, and laws passed by Congress. While most people know the Secret Service for its role in protecting the U.S. President, the agency has an interesting history. The USSS investigated the Ku Klux Klan in the 1860s, investigated land fraud in the early 20th century, and did counterespionage against the Germans during World War I. As is often the case with government, roles and missions change over time.
The investigative mission of the USSS continues to this day. The current USSS still investigates counterfeiting, but also examines a broader range of potential financial crimes, including credit card fraud and cybercrimes. Because of its expertise, the USSS provides forensic support for criminal investigations in a number of areas including support for the National Center for Missing and Exploited Children.
Seems like Texas gets all the Texas-sized court cases of national importance. Why is that?
The protective mission started with the part-time protection at the request of President Cleveland in 1894. Congress asked for the fulltime protection of U.S. Presidents after the assassination of President William McKinley in 1901 resulting in a full-time presidential detail of two men. The scope and terms of the protection offered by the USSS has since increased and is set by statute, Presidential Directive, Department Directives and Executive Orders. In 1998, the USSS was, with a presidential directive, to lead and implement security plans for significant national events, including Presidential inaugurations, world leader summits, major sporting events, party conventions and other significant national events.
Protection for the widow and minor children of a former President was originally extended for four years after the President leaves or dies in office. It was extended for the life of the widow and to age 16 for minor children. Past Presidents are given Secret Service Protection for their lifetimes under the present law. Currently, there is no disqualifying provisions, so the criminal conviction of a former President does not end the protection or limit it.
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Earlier this year, Congressman Bennie Thompson (D-MS), proposed legislation that would end Secret Service Protection for anyone convicted of a felony and incarcerated. The bill was titled: The Disgraced Former Protectees Act (H.R. 8081). In response, Congressman Wesley Hunt (R-TX), introduced a bill to guarantee protection titled: Save American Former Elected Presidents Act (SAFE). As is increasingly true about most legislation in Congress, neither bill is likely to pass.
Kevin Wagner is a noted constitutional scholar and political science professor at Florida Atlantic University. The answers provided do not necessarily represent the views of the university. If you have a question about how American government and politics work, email him at kwagne15@fau.edu or reach him on Twitter @kevinwagnerphd.
This article originally appeared on Palm Beach Post: Will United States Secret Service protect a president if sent to jail?
