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Secret Service Info
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Secret Service Info
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Records of the First Lady's Office (Clinton Administration)
Margaret “Maggie” Williams' Subject Files
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Withdrawal/Redaction Sheet
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
001. memo
For the President from Special Agent in Charge re: Truman Balcony
07/09/96
b(7)(C), b(7)(E), b(6)
(2 pages)
002a. memo
For Margaret A. Williams from Gary J. Walters re: protective
12/23/94
b(7)(C), b(7)(E), b(6)
windows (1 page)
002b. schedule
Windows Phase II (2 pages)
12/23/94
b(7)(E)
003a. memo
For Margaret A. Williams from Gary J. Walters re: protective
12/23/94
b(7)(C). b(7)(E), b(6)
windows (copy of 002a) (1 page)
003b. schedule
Windows Phase II (copy of 002b) (2 pages)
12/23/94
b(7)(E)
004. note
Handwritten notes re: Secret Service (1 page)
12/23/94
b(7)(C), b(7)(E), b(6)
005. memo
To Chief of Secret Service from Pam Barnett re: [incident] (partial) (1
03/14/94
b(7)(C), b(6)
page)
006a. memo
To Mack McLarty from Ronald K. Noble re: Secret Service (1 page)
09/01/93
b(6)
006b. memo
To John W. Magaw from Ronald K. Noble re: Secret Service (1 page)
09/01/93
b(7)(C), b(7)(E), b(6)
006c. memo
To Mack McLarty from Ronald K. Noble re: Secret Service (copy of
09/01/93
b(6)
006a) (1 page)
006d. memo
To John Magaw from Ronald K. Noble re: Secret Service (copy of
09/01/93
b(7)(C), b(7)(E), b(6)
006b) (1 page)
007a. memo
To [Secret Service] from Capricia Marshall re: residence (2 pages)
08/28/93
b(6)
COLLECTION:
Clinton Presidential Records
First Lady's Office
Maggie Williams (Subject Files)
OA/Box Number: 10815
FOLDER TITLE:
Secret Service Info
2013-0359-S
ry1452
RESTRICTION CODES
Presidential Records Act - |44 U.S.C. 2204(a)]
Freedom of Information Act - 15 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRA
b(1) National security classified information |(b)(1) of the FOIA|
P2 Relating to the appointment to Federal office |(a)(2) of the PRA|
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA|
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute |(b)(3) of the FOIA]
financial information [(a)(4) of the PRA|
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information |(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA|
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRAJ
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions |(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells [(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
Withdrawal/Redaction Sheet
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
007b. report
Re: USSS (1 page)
n.d.
b(6)
008a. memo
To Thomas F. McLarty from Ronald K. Noble re: Secret Service (3
09/02/93
b(7)(C), b(7)(E), b(6)
pages)
008b. memo
To John W. Magaw from Ronald K. Noble re: Secret Service (1 page)
09/01/93
b(7)(C), b(7)(E), b(6)
009. memo
To David Watkins, Margaret A. Williams, Isabelle R. Tapia from
09/09/93
b(7)(C), b(7)(E), b(6)
[special agent] re: protective measures (2 pages)
COLLECTION:
Clinton Presidential Records
First Lady's Office
Maggie Williams (Subject Files)
OA/Box Number: 10815
FOLDER TITLE:
Secret Service Info
2013-0359-S
rv1452
RESTRICTION CODES
Presidential Records Act - |44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRA|
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA]
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute |(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors. or between such advisors |a)(5) of the PRA
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy |(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes |(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions [(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells [(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
THE WHITE HOUSE
WASHINGTON
Maggie Williams
YN LIEBERMAN
PRESERVATION
PHOTOCOPY
Eyes Only
PHOTOCOPY
EXECUTIVE CORRESPONDENCE
UCOPY
PRESERVATION
DO NOT WRITE ON THIS COVER AS IT IS INTENDED FOR RE-USE
RETURN IT WITH THE FILE COPIES TO ORIGINATING OFFICE
Withdrawal/Redaction Marker
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
001. memo
For the President from Special Agent in Charge re: Truman Balcony
07/09/96
b(7)(C), b(7)(E), b(6)
(2 pages)
COLLECTION:
Clinton Presidential Records
First Lady's Office
Maggie Williams (Subject Files)
OA/Box Number: 10815
FOLDER TITLE:
Secret Service Info
2013-0359-S
ry1452
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - 15 U.S.C. 552(b)]
P1 National Security Classified Information |(a)(1) of the PRA]
b(1) National security classified information |(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute |(a)(3) of the PRAJ
an agency |(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute |(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRAJ
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy |(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes |(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions |(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells [(b)(9) of the FOIA|
RR. Document will be reviewed upon request.
03/31/93
12:58
6501 6714140
ST VINCENT
1003/005
MAR 31 '93 11:18AM USSS PPD OPERATIONS DECE
FAX you "Tery
Questions for Don Edwards. spokesmen of the Secret Service,
regarding A #tory discussing backstage discutes petween the
scret Service and the white House and Treasury, # the
1. Has any agent been transferred trom covering the white House
and First Family since they took office:
a. at the request of the First Family or the White House
or the Treasury for either leaking, errors in Discretion or for
lack of acceptable manners? or
b. at the recuest of the agent because of in-
concatibility with any member of the first family's benevior, or
a specific incident of perceived abusive treatment? or
=. are afther of 2. or b. owing negoriated or actually
in the works but net yet consumatied?
normal adjustments
2. The Clinton want more treedom from close personal pre-
tection at least while they are moving around the White House and
in their offices and personal quarters. Newswork has information
that the Secret Service in resisting this, and that both the
Clinton's and the Treasury are increasingly frustrated. why is
the Secret Service resisting this, and who is negatiating for the
smeret service. One assumes it 1% director John Magaw. Is it
someona
else on and agents who? FACE How () whom critict them be theen Pres, UTLADY,
3. Secretary Bentsen and White House side MACK McClarty are
recorted to be siscussing leaks eminating from the Secret Service
about the first family's private life and insisting that they be
stopped. Any comment? we how you of any I V CL Conver
4, The White House is reported to have grown SO frusttrated that
it is understood the Becret Service mass been warned that another
Federal agency might be swiented to replace the S.B. in protect-
From
ing the first family and the white House. Any comment?
Secretary Bentsen and his aide, Jack DeVore, have been trying
to order the Secret Service to accept White House ****** at the
Treasury since taking office, eliminating the hassle of individu-
see
al FBI computer checks or such eard holders, why is the Secret
envise refusing to accept the more accomodating processure?
an
Former Treasury Becretary James Baker instituted the exera check
as at readblock to White House reporters, not not AC A security
measure.
Dont Winde talking on the phone, I have reflected and
quess I'd like 2150 to ASKI
6. Are any of the reports that Mrs. Clinton has had altercations
with Secret Service agents trwe? Epecifically, there in a widely
believed story that Mrs. Clinton in a moment of pisua threw A
03/31/93 12:59 501 6714140
ST VINCENT
004/005
MAR 31 '33 11:19AM USSS PPD OPERATIONS OEOB
P.3/5
briefing book, or other article, at a Secret service agent, hit-
time him in the head or body. and trippering & formal complaint
to Secret Service management.
Done thanks in
Ruty Xam
chone: 628-2028
Rich Thomas, Chief aconomic Cor-
home phone: so: 299-7093
respondent. Newsweak
fax: 626-2011
03/31/93
12:59
501 6714140
ST VINCENT
MAR 31 '93 11:20AM USSS PPD OFERATIONS UEOB
005/005
For: Rich Thomas, Chief Economic Correspondent, Newsweek
1. a. No.
b. No.
C. No.
The assignment to the Presidential Protective Division is
typically 3 to 5 years. Naturally, agents who have
completed their assignment are being transferred. This 1s
part of a career planning process whereby an agent is
assigned to field investigations, headquarters and
presention.
2. During any transition there are adjustments that have to be
made. The Secret Service is constantly evaluating its
procedures and measures. one of the things that we take
into account are the wishes of the people we protect.
Working closely with the protectees and their staff, we
attempt to accomodate them in any way possible. The Secret
Service is not resisting anything.
3. We have no knowledge of such a conversation.
4. Untrue. No one has ever given us any such "warning."
5.
Admission policies at Treasury were recently modified, and
are currently under review by the Assistant Secretaries
(Designate) of Enforcement and Public Affairs. The Secret
03/31/93
13:01
501 6714140
ST VINCENT
MAR 31 93 11:20AM USSS PPL OPERATIONS CLUB
001/001
Service will support both the letter and the spirit of
whatever policies are adopted. ( Rich - I understand that
the instance where your entry was delayed occurred just
prior to the Assistant Secretary (Designate) for
Enforcement's approval of the modified policy, 1.e. you
arrived thinking the modified policy was in effect, but it
was not.)
6.
None of the reports that Mrs. Clinton has had altercations
with Secret Service agents are true. Mrs. Clinton has never
hit, struck or thrown a briefing book or any other article
at any Secret Service employee. she has never abused our
employees physically or verbally. We began protecting Mrs.
Clinton on July 9, 1992. she has always treated our
employees with utmost respect. Rich, I hope you use your
article and your position in the media to disabuse the
public and your colleagues of these unfounded and
unfortunate rumors regarding the Secret Service and Mrs.
Clinton.
Rich -
We appreciate your giving us the opportunity to comment on your
article.
Don Edwards
3/26/93
innocence by association. Activists creat-
ed a core lobbying coalition called the Cam-
paign for Military Service that includes the
NAACP. the American Psychological As-
sociation and even the United Methodist
Church. which does not permit openly gay
clergy. Led by New York lawyer Tom Stod.
dard, the coalition hopes to raise $3 million,
spending two thirds of that on advertising.
A paid staff of 25 includes veterans of the
Clinton-Gore campaign, and an opposition
research team is digging up past state-
ments of pro-ban Senate witnesses to help a
"rapid response team" put out quick rebut-
tals to negative testimony. The coalition
has assigned all 100 senators a numerical
code ranging from 1 to 5 depending on their
likelihood of being supportive, targeting
most efforts on the 2s, 3s and 4s.
IRA WYMAN FOR NEWSWEEK
The thorniest problem for gay-rights
Living in the fishbowl: The First Lady with an agent deplaning in Little Rock
groups has been dealing with the public's
complicated attitudes about homosexual-
ity. Focus groups conducted for the coali-
The Not-So-Secret Service
tion by Democratic pollster Mark Mellman
showed that some people who favored the
ban changed their minds after seeing films
The Clintons are angry about leaks from agents
about servicemen and women being kicked
out for being gay. The key, strategists con-
cluded, was to focus on the issue of discrimi-
F
rom the beginning, the Clintons
Bill. One outlandish tale has an angry Hil-
nation and not attempt to justify the "life-
chafed at their Secret Service protec-
lary lighting a cigarette to trigger her hus-
style." Supporters of the ban will mouth
tion. Wherever the hyperactive Presi-
band's allergies-this from a woman who
arguments about showers and latrines, but
dent and First Lady roamed, men in suits
banned smoking in the White House.
when you really get down to it, it is about
wearing earpieces seemed to follow. The
There is no evidence to support any of
morality for them," says an adviser famil-
agents not only watched, apparently, but
the stories. White House spokesman
iar with the research. Several focus-group
listened-and talked. Although the Secret
George Stephanopoulos denies everything
participants also said they became more
Service is supposed to be discreet, rumors
from the home-front battles to dissension
tolerant about gays in the military after
about the Clintons' private life began mak-
with the Secret Service. "It's ill informed,
hearing news reports that homosexuality
ing the rounds in Washington. An angry
malicious, untrue gossip," he says, adding,
may be biologically determined. "If it's a
White House traced a couple of those ru-
"It's part of the air here." That much is
choice, then it is an immoral choice," the
mors to the guardians. NEWSWEEK has
true. When it comes to gossip, Washington
adviser says. But ifit is not a choice, then it
learned that an official of the Treasury
is a small town. The late Alice Roosevelt
is really hard to hold people responsible."
Department, which oversees the Presiden-
Longworth kept a needlepoint pillow that
The coalition operates at one disadvan-
tial Protective Division, has delivered a
said, "If you haven't got anything good to
tage not shared by most protest movements:
threat: if the Secret Service doesn't back off
say about anyone, come and sit by me."
many of its supporters do not want to be
and button up, another federal agency will
Right-wing Republicans have been most
identified with the cause. An upcoming
be found to protect the First Family.
active in spreading the notion that Hillary
gay and lesbian march on Washington may
For the Secret Service, this is war. The
is the power in front of the throne, calling
impress Congress with its numbers-
agency doesn't want to surrender any of
the shots and cursing like a man. But even
organizers are predicting up to 1 million
its expanded authority. Ever since the
White House aides feed the rumor mill in a
demonstrators-but poses some potential
1981 attempt on Ronald Reagan's life,
can-you-top-this competition. The conser-
problems as well. If the public focuses on
agents have been stationed inside the
vative Washington Times last week traced
extreme participants like Queer Nation,
First Family's living quarters. Horrified at
the rumor about Hillary throwing a Bible
the coalition's efforts to showcase patriotic
the intrusion into their privacy, the Clin-
to stories about another First Lady, the
gay soldiers will be undermined. The gay-
tons shifted them to a second-floor outpost.
wife of a governor who has been accused of
rights groups have to keep the battle con-
Don Edwards, spokesman for the Secret
bullying her security guards.
tained to one front, while opponents will
Service, insists the agency was never
Rumors are a reality the Clintons will
seek to broaden the conflict to tap into a
threatened and' is not resisting anything."
have to learn to live with. But adjusting
deeper emotional discomfort with homo-
But he acknowledges that Clinton is an
to the ever-present Secret Service may
sexuals. As one retired general warned,
energetic, accessible president, and every-
be more difficult. Other presidents have
allowing gays openly in the military would
one is adjusting-some apparently better
learned to coexist. George Bush made a
be "a fast ticket to social acceptability."
than others. Like the waiter who shows
point of spending Christmas in the White
However sophisticated the lobbying effort,
displeasure by spitting in the soup, some
House instead of at Camp David 80 his
gay-rights activists know that they don't
agents apparently began telling tales of
agents could be with their families. Still,
have a chance unless they have aggressive
what might be called spirited discussions
living in the fishbowl of the White House is
and unwavering support from their most
between the Clintons. Pretty soon, Wash-
hard enough without worrying about a Se-
famous advocate: Bill Clinton.
ington dinner parties were buzzing with
cret Service that can't keep mum.
STEVEN WALDMAN with DANIEL GLICE,
stories of Hillary throwing-take your
ELEANOR CLIFT with
MARK MILLER and ELEANOE CLIFT in Washington
pick-a lamp, a briefing book or a Bible at
RICH THOMAS in Washington
NEWSWEEK APRIL 5, 1993 43
phones
F
HRC - for Request Secret Service
\
Historically -
How many- anyoun
Handling concerns
= John
CHRIS
- + MARK Allen
House Meeting -
Withdrawal/Redaction Marker
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
002a. memo
For Margaret A. Williams from Gary J. Walters re: protective
12/23/94
b(7)(C), b(7)(E), b(6)
windows (1 page)
COLLECTION:
Clinton Presidential Records
First Lady's Office
Maggie Williams (Subject Files)
OA/Box Number: 10815
FOLDER TITLE:
Secret Service Info
2013-0359-S
ry1452
RESTRICTION CODES
Presidential Records Act - |44 U.S.C. 2204(a)]
Freedom of Information Act - 15 U.S.C. 552(b)]
P1 National Security Classified Information |(a)(1) of the PRA]
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA|
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute |(a)(3) of the PRA
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
h(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information |(b)(4) of the FOIA]
and his advisors, or between such advisors |a)(5) of the PRAJ
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions [(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells [(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
Withdrawal/Redaction Marker
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
002b. schedule
Windows Phase II (2 pages)
12/23/94
b(7)(E)
COLLECTION:
Clinton Presidential Records
First Lady's Office
Maggie Williams (Subject Files)
OA/Box Number: 10815
FOLDER TITLE:
Secret Service Info
2013-0359-S
ry1452
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - 15 U.S.C. 552(b)]
P1 National Security Classified Information |(a)(1) of the PRA]
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute |(a)(3) of the PRA|
an agency |(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors |a)(5) of the PRA
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy |(b)(6) of the FOIA]
personal privacy |(a)(6) of the PRA|
b(7) Release would disclose information compiled for law enforcement
purposes |(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions |(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells |(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
Withdrawal/Redaction Marker
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
003a. memo
For Margaret A. Williams from Gary J. Walters re: protective
12/23/94
b(7)(C), b(7)(E), b(6)
windows (copy of 002a) (1 page)
COLLECTION:
Clinton Presidential Records
First Lady's Office
Maggie Williams (Subject Files)
OA/Box Number: 10815
FOLDER TITLE:
Secret Service Info
2013-0359-S
ry1452
RESTRICTION CODES
Presidential Records Act - |44 U.S.C. 2204(a)]
Freedom of Information Act - 15 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRA|
b(1) National security classified information |(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office |(a)(2) of the PRAJ
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute |(b)(3) of the FOIA]
financial information |(a)(4) of the PRAJ
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information |(b)(4) of the FOIA]
and his advisors, or between such advisors |a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy |(b)(6) of the FOIA]
personal privacy |(a)(6) of the PRA
b(7) Release would disclose information compiled for law enforcement
purposes |(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions [(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells [(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
Withdrawal/Redaction Marker
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
003b. schedule
Windows Phase II (copy of 002b) (2 pages)
12/23/94
b(7)(E)
COLLECTION:
Clinton Presidential Records
First Lady's Office
Maggie Williams (Subject Files)
OA/Box Number: 10815
FOLDER TITLE:
Secret Service Info
2013-0359-S
ry1452
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)|
Freedom of Information Act - 15 U.S.C. 552(b)]
PI National Security Classified Information [(a)(1) of the PRA|
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office |(a)(2) of the PRA|
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRAJ
an agency |(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute |(b)(3) of the FOIA]
financial information [(a)(4) of the PRAJ
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information |(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA|
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy |(a)(6) of the PRA
b(7) Release would disclose information compiled for law enforcement
purposes |(b)(7) of the FOIA|
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions [(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells [(b)(9) of the FOIA|
RR. Document will be reviewed upon request.
Withdrawal/Redaction Marker
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
004. note
Handwritten notes re: Secret Service (1 page)
12/23/94
b(7)(C), b(7)(E), b(6)
COLLECTION:
Clinton Presidential Records
First Lady's Office
Maggie Williams (Subject Files)
OA/Box Number: 10815
FOLDER TITLE:
Secret Service Info
2013-0359-S
ry1452
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - 15 U.S.C. 552(b)]
PI National Security Classified Information |(a)(1) of the PRA
b(1) National security classified information |(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office |(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute |(a)(3) of the PRA]
an agency |(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute |(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information |(b)(4) of the FOIA|
and his advisors. or between such advisors |a)(5) of the PRA
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy |(a)(6) of the PRA|
b(7) Release would disclose information compiled for law enforcement
purposes |(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions |(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells |(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
File Scret Service
18 § 3050
CRIMINAL PROCEDURE
Part 2
employees of the said Bureau of Prisons may carry
Minor changes were made in phraseology.
firearms under such rules and regulations as the
Attorney General may prescribe.
[§ 3054. Repealed. Pub. L. 97-79, § 9(b)(3),
(As amended Nov. 10, 1986, Pub.L. 99-646, § 65, 100 Stat.
Nov. 16, 1981, 95 Stat. 1079]
3615.)
§ 3055. Officers' powers to suppress Indian li-
REVISION NOTES
quor traffic
Based on title 18, U.S.C., 1940 ed., § 753k (June 29, 1940,
The chief special officer for the suppression of the
ch. 449, § 5, 54 Stat. 693).
liquor traffic among Indians and duly authorized
Section was broadened to include authority to make ar-
rests for mutiny, riot or traffic in dangerous instrumentali-
officers working under his supervision whose appoint-
ties, by reference to section 1792 of this title.
ments are made or affirmed by the Commissioner of
Minor changes were made in phraseology and provision
Indian Affairs or the Secretary of the Interior may
for taking arrested person before magistrate was omitted as
execute all warrants of arrest and other lawful pre-
covered by rule 5(a) of the Federal Rules of Criminal
cepts issued under the authority of the United States
Procedure.
and in the execution of his duty he may command all
necessary assistance.
[§
3051. Repealed. Oct. 31, 1951, c. 655,
REVISION NOTES
§ 56(f), 65 Stat. 729]
Based on section 250 of title 25, U.S.C., 1940 ed., Indians
§ 3052. Powers of Federal Bureau of Investi-
(Aug. 24, 1912, ch. 388, § 1, 37 Stat. 519).
gation
The only change was to delete the words at the beginning
of the section. "The powers conferred by section 504 of title
The Director, Associate Director, Assistant to the
28 upon marshals and their deputies are conferred upon."
Director, Assistant Directors, inspectors, and agents
and the addition, at the end of the section, of the phrase
of the Federal Bureau of Investigation of the Depart-
expressing such powers beginning with the words "may
ment of Justice may carry firearms, serve warrants
execute all warrants".
and subpoenas issued under the authority of the
United States and make arrests without warrant for
§ 3056.
Powers, authorities, and duties of Unit-
any offense against the United States committed in
ed States Secret Service
their presence, or for any felony cognizable under the
(a) Under the direction of the Secretary of the
laws of the United States if they have reasonable
Treasury, the United States Secret Service is autho-
grounds to believe that the person to be arrested has
rized to protect the following persons:
committed or is committing such felony.
(1) The President, the Vice President (or other
(As amended Jan. 10, 1951, c. 1221, § 1, 64 Stat. 1239.)
officer next in the order of succession to the Office
REVISION NOTES
of President), the President-elect, and the Vice
President-elect.
Based on section 300a of title 5, U.S.C., 1940 ed., Execu-
tive Departments and Government Officers and Employees
(2) The immediate families of those individuals
(June 18, 1934, ch. 595, 48 Stat. 1008; Mar. 22, 1935, ch. 39,
listed in paragraph (1).
title II, 49 Stat. 77).
(3) Former Presidents and their spouses for
Language relating to seizures under warrant is in section
their lifetimes, except that protection of a spouse
3107 of this title.
shall terminate in the event of remarriage.
Minor changes were made in phraseology particularly
with respect to omission of provision covered by rule 5(a) of
(4) Children of a former President who are un-
Federal Rules of Criminal Procedure.
der 16 years of age.
(5) Visiting heads of foreign states or foreign
§ 3053. Powers of marshals and deputies
governments.
United States marshals and their deputies may
(6) Other distinguished foreign visitors to the
carry firearms and may make arrests without war-
United States and official representatives of the
rant for any offense against the United States com-
United States performing special missions abroad
mitted in their presence, or for any felony cognizable
when the President directs that such protection be
under the laws of the United States if they have
provided.
reasonable grounds to believe that the person to be
(7) Major Presidential and Vice Presidential can-
arrested has committed or is committing such felony.
didates and, within 120 days of the general Presi-
REVISION NOTES
dential election, the spouses of such candidates.
Based on section 504a of title 28, U.S.C., 1940 ed., Judicial
As used in this paragraph, the term "major Presi-
Code and Judiciary (June 15, 1935, ch. 259, $ 2, 49 Stat.
dential and Vice Presidential candidates" means
378).
those individuals identified as such by the Secre-
Complete Annotation Materials, see Title 18 U.S.C.A.
744
Part
2
Ch. 203
ARREST AND COMMITMENT
18 § 3056
tary of the Treasury after consultation with an
(2) Funds expended from appropriations available
advisory committee consisting of the Speaker of
to the Secret Service for the purchase of counterfeits
9(b)(3)
the House of Representatives, the minority leader
and subsequently recovered shall be reimbursed to
of the House of Representatives, the majority and
the appropriations available to the Secret Service at
minority leaders of the Senate, and one additional
the time of the reimbursement.
ndian li
member selected by the other members of the
(d) Whoever knowingly and willfully obstructs, re-
committee.
sists, or interferes with a Federal law enforcement
on of the
The protection authorized in paragraphs (2) through
agent engaged in the performance of the protective
uthorized
(7) may be declined.
functions authorized by this section or by section
appoint-
1752 of this title shall be fined not more than $1,000
sioner of
(b) Under the direction of the Secretary of the
or imprisoned not more than one year, or both.
rior may
Treasury, the Secret Service is authorized to detect
(As amended July 16, 1951, C. 226, § 4, 65 Stat. 122; Aug.
wful pre-
and arrest any person who violates—
31, 1954. c. 1143, § 2, 68 Stat. 999; Aug. 18, 1959, Pub.L.
ed States
(1) section 508, 509, 510, 871, or 879 of this title
86-168, Title I, § 104(h), 73 Stat. 387; Oct. 10, 1962, Pub.L.
mand all
or, with respect to the Federal Deposit Insurance
87-791, 76 Stat. 809; Oct. 15, 1962, Pub.L. 87-829, § 3, 76
Corporation, Federal land banks, and Federal land
Stat. 956; Sept. 15, 1965, Pub.L. 89-186, 79 Stat. 791; Sept.
29, 1965, Pub.L. 89-218, 79 Stat. 890; Oct. 21, 1968, Pub.L.
bank associations, section 213, 216, 433, 493, 657,
90-608, ch. XI, § 1101, 82 Stat. 1198; Jan. 2, 1971, Pub.L.
709, 1006, 1007, 1011, 1013, 1014, 1907, or 1909 of
1., Indians
91-644, Title V. § 19, 84 Stat. 1892; Jan. 5, 1971, Pub.L.
this title;
91-651, § 4, 84 Stat. 1941; July 12, 1974, Pub.L. 93-346,
beginning
(2) any of the laws of the United States relating
§ 8, as added Dec. 27, 1974, Pub.L. 93-552, Title VI,
504 of title
to coins, obligations, and securities of the United
$ 609(a), 88 Stat. 1765; Sept. 11, 1976, Pub.L. 94-408, § 2,
90 Stat. 1239; Oct. 12, 1982, Pub.L. 97-297, § 3, 96 Stat.
red upon."
States and of foreign governments; or
1318; Oct. 14, 1982, Pub.L. 97-308, § 2, 96 Stat. 1452; Nov.
the phrase
(3) any of the laws of the United States relating
14, 1983, Pub.L. 98-151, § 115(b), 98 Stat. 977; Oct. 30,
ords "may
to electronic fund transfer frauds, credit and debit
1984, Pub.L. 98-587, § 1(a), 98 Stat. 3110.)
card frauds, and false identification documents or
REVISION NOTES
S of Unit-
devices; except that the authority conferred by this
Based on title 18, U.S.C., 1940 ed., § 148, and on sections
paragraph shall be exercised subject to the agree-
264(x) and 986 of title 12, U.S.C., 1940 ed., Banks and
"y of the
ment of the Attorney General and the Secretary of
Banking (Dec. 23, 1913), ch. 6, § 12B, subsection (x), as
the Treasury and shall not affect the authority of
added June 16, 1933, ch. 89, § 8, 48 Stat. 178; July 17, 1916,
is autho-
any other Federal law enforcement agency with
ch. 245, § 31, sixth paragraph, 39 Stat. 382 (384); Dec. 11,
respect to those laws.
1926, ch. 2, § 3, 44 Stat. 918; Aug. 23, 1935, ch. 614, § 101,
(or other
49 Stat. 684, 703).
the Office
(c)(1) Under the direction of the Secretary of the
Section consolidates said section 148 of title 18, U.S.C.,
the Vice
Treasury, officers and agents of the Secret Service
1940 ed., and said sections 264(x) and 986 of title 12, U.S.C.,
are authorized to-
1940 ed., Banks and Banking.
ndividuals
(A) execute warrants issued under the laws of
Said section 148 of title 12, U.S.C., 1940 ed., Banks and
the United States;
Banking, was concerned with offenses relating to counter-
feiting and passing, etc., of transportation requests and to
ouses for
(B) carry firearms;
the unlawful possession or making of plates, stones, etc.,
a spouse
(C) make arrests without warrant for any of-
used in making such requests, which were defined in sec-
re.
fense against the United States committed in their
tions 146 and 147 of said title 18, now sections 508 and 509
10 are un-
presence, or for any felony cognizable under the
of this title.
laws of the United States if they have reasonable
Said sections 264(x) and 986 of title 12, U.S.C., 1940 ed.,
grounds to believe that the person to be arrested
Banks and Banking. were concerned with various offenses
or foreign
as defined in sections 981-985, 987 of said title 12, relating
has committed or is committing such felony;
to Federal land banks, joint-stock land banks and national
(D) offer and pay rewards for services and infor-
farm loan associations, and as defined in section 264 of said
rs to the
'es of the
mation leading to the apprehension of persons in-
title 12 relating to the Federal Deposit Insurance Corpora-
volved in the violation or potential violation of those
tion. All of the provisions of said sections 981-985, 987 of
ns abroad
provisions of law which the Secret Service is autho-
said title 12, and the criminal provisions of said section 264
tection be
rized to enforce;
of said title 12, were transferred to this title where they
were, in some instances, consolidated with similar provisions
ential can-
(E) pay expenses for unforeseen emergencies of
from other sections. Such provisions are now incorporated
eral Presi-
a confidential nature under the direction of the
in sections 218, 221, 433, 493, 657, 709, 1006, 1007, 1011,
Secretary of the Treasury and accounted for solely
1013, 1014, 1907, and 1909 of this title. In most instances,
andidates.
on the Secretary's certificate; and
these sections, as the result of the consolidations, relate to
ijor Presi-
other organizations as well as those mentioned above, but,
es" means
(F) perform such other functions and duties as
by enumerating the Federal Deposit Insurance Corporation,
the Secre-
are authorized by law.
Federal land banks, joint-stock land banks, and national
Complete Annotation Materials, see Title 18 U.S.C.A.
745
CRIMES
Part
Ch. 85
PRISON-MADE GOO
term of years
§ 1752.
Temporary residences and offices
of
(e) None of the laws of the United States or of the
(}
the President and others
several States and the District of Columbia shall be
det
ire to kill or
(a) It shall be unlawful for any person or group
of
superseded by this section.
Sta
absection (a) of
persons—
(f) As used in this section, the term "other person
pris
persons do any
(1) willfully and knowingly to enter or remain in
protected by the Secret Service" means any person
(
acy, each shall
whom the United States Secret Service is authorized
to
any term of
(i) any building or grounds designated by the
prisonment for
Secretary of the Treasury as temporary resi-
to protect under section 3056 of this title when such
the
dences of the President or other person protect-
person has not declined such protection.
(
results to such
ed by the Secret Service or as temporary offices
(Added Pub.L. 91-644, Title V, § 18, Jan. 2, 1971, 84 Stat.
law
of the President and his staff or of any other
1891, and amended Pub.L. 97-308, § 1, Oct. 14, 1982, 96
mo
designated in
Stat. 1451; Pub.L. 98-587, § 3(b), Oct. 30, 1984, 98 Stat.
cen
person protected by the Secret Service, or
e than $10,000,
3112.)
(ii) any posted, cordoned off, or otherwise re-
(3)
ears, or both.
been
stricted area of a building or grounds where the
ited in subsec-
CHAPTER 85-PRISON-MADE GOODS
President or other person protected by the Se-
made
han $5,000, or
ment
cret Service is or will be temporarily visiting,
Sec.
or both; and if
in violation of the regulations governing ingress or
1761. Transportation or importation.
empl-
not more than
egress thereto:
1762. Marking packages.
How
ten years, or
qualit
(2) with intent to impede or disrupt the orderly
EDITORIAL NOTES
ment
conduct of Government business or official func-
tions, to engage in disorderly or disruptive conduct
Savings Provisions of Pub.L. 98-473, Title II, c. II. See
stand
d "Vice-Presi-
section 235 of Pub.L. 98-473, Title II, c. II, Oct. 12, 1984, 98
contr
all mean such
in, or within such proximity to, any building or
Stat. 2031, as amended, set out as a note under section 3551
candidates for
grounds designated in paragraph (1) when, or SO
(4)
of this title.
sident, respec-
that, such conduct, in fact, impedes or disrupts the
tarily
of the general
orderly conduct of Government business or official
§ 1761. Transportation or importation
dedu
rs of President
functions;
secti
(a) Whoever knowingly transports in interstate
title 3, United
resul
(3) willfully and knowingly to obstruct or impede
commerce or from any foreign country into the Unit-
ingress or egress to or from any building, grounds,
ed States any goods, wares, or merchandise manufac-
[(d)
nited States, in
or area designated or enumerated in paragraph (1);
tured, produced, or mined, wholly or in part by
Apr. 2,
amount not to
or
convicts or prisoners, except convicts or prisoners on
(As am
rvices concern-
(4) willfully and knowingly to engage in any act
parole, supervised release, or probation, or in any
§ 827(a)
Any officer or
penal or reformatory institution, shall be fined not
Stat. 12
of physical violence against any person or property
y State or local
in any building, grounds, or area designated or
more than $50,000 or imprisoned not more than two
98-473,
on or renders
enumerated in paragraph (1).
years, or both.
2093, 21
ial duties shall
101 Sta
his subsection.
(b) Violation of this section, and attempts or con-
(b) This chapter shall not apply to agricultural
$ 2906,
spiracies to commit such violations, shall be punisha-
commodities or parts for the repair of farm machin-
Oct. 6,
:cutive jurisdic-
ble by a fine not exceeding $500 or imprisonment not
ery, nor to commodities manufactured in a Federal,
1 So in
S section, such
exceeding six months, or both.
District of Columbia, or State institution for use by
Sub
jurisdiction by
the Federal Government, or by the District of Colum-
pplicable State
(c) Violation of this section, and attempts or con-
bia, or by any State or Political subdivision of a State.
rminated.
spiracies to commit such violations, shall be prosecut-
Subs
ed by the United States attorney in the Federal
(c) In addition to the exceptions set forth in sub-
by Pub
be investigated
district court having jurisdiction of the place where
section (b) of this section, this chapter shall not apply
(a) W
on. Assistance
the offense occurred.
to goods, wares, or merchandise manufactured, pro-
or fron
State, or local
duced, or mined by convicts or prisoners who-
goods,
and Air Force,
(d) The Secretary of the Treasury is authorized-
(1) are participating in-one of not more than 50
mined,
contrary not-
(1) to designate by regulations the buildings and
non-Federal prison work pilot projects designated
convicts
grounds which constitute the temporary residences
by the Director of the Bureau of Justice Assis-
or refo
under this sec-
of the President or other person protected by the
$1,000
tance; and
that the defen-
Secret Service and the temporary offices of the
For
(2) have, in connection with such work, received
President and his staff or of any other person
Effectiv
-ffense was an
protected by the Secret Service, and
wages at a rate which is not less than that paid for
of Pub.
work of a similar nature in the locality in which the
this tit]
iction over the
(2) to prescribe regulations governing ingress or
work was performed, except that such wages may
egress to such buildings and grounds and to post-
be subject to deductions which shall not, in the
79 Stat. 580, and
ed, cordoned off, or otherwise restricted areas
aggregate, exceed 80 per centum of gross wages,
Base
6, 1982, 96 Stat.
where the President or other person protected by
and shall be limited as follows:
1935, c
the Secret Service is or will be temporarily visiting.
(A) taxes (Federal, State, local);
Stat. 1
ete Annotation Materials, see Title 18 U.S.C.A.
Complete Annotation Materials, see
634
635
THE PRESIDENT
THE PRESIDENT
3 § 202
ning on or after Jan. 1, 1990, to $115,000 and,
§ 110. Furniture for the Executive Residence at the White House
effective on the first day of the first applicable
pay period beginning on or after Jan. 31, 1990,
EXECUTIVE ORDERS
to $124,000, was superseded by Ex.Ord. No.
EXECUTIVE ORDER NO. 11145
12736, Dec. 12, 1990, 55 F.R. 51385, set out as a
note under section 5332 of Title 5.
CURATOR OF WHITE HOUSE; COMMITTEE FOR PRESERVATION OF WHITE HOUSE
1989-ExOrd. No. 12663, Jan. 6, 1989, 54
[The functions of the President under the
1989, see Ex.Ord. No. 12610, Sept. 30, 1987, 52
F.R. 791, formerly set out as a note under
Federal Advisory Committee Act, set out as
F.R. 36901, formerly set out as a note under
section 5332 of Title 5, Government Organization
Appendix 2 to Title 5, Government Organization
section 14 of the Federal Advisory Committee
and Employees, which adjusted the annual rate
and Employees, that are applicable to the Com-
Act in the Appendix 2 to Title 5, Government
mittee for the Preservation of the White House
of pay for the Vice President, effective on the
Organization and Employees.
except that of reporting annually to the Con-
first day of the first applicable pay period begin-
Term of the Committee for the Preservation
gress, shall be performed by the Secretary of
ning on or after Jan. 1, 1989, to $115,000, was
of the White House extended until Sept. 30,
the Interior in accordance with guidelines and
superseded by Ex.Ord. No. 12698, Dec. 23, 1989,
1991, see Ex. Ord. No. 12692, Sept. 29, 1989, 54
procedures established by the Administrator of
54 F.R. 53473, set out as a note under section
F.R. 40627, set out as a note under section 14 of
General Services; see Ex.Ord. No. 12534 set out
5332 of Title 5.
the Federal Advisory Committee Act in Appen-
as a note under section 14 of Appendix 2 to Title
dix 2 to Title 5, Government Organization and
1987-Ex.Ord. No. 12622, Dec. 31, 1987, 53
5. For similar delegation of functions, see Ex.
Employees.
F.R. 222, formerly set out as a note under
Ord. No. 12489, Sept. 28, 1984, 49 F.R. 38927,
formerly set out as a note under section 14 of
Term of the Committee for the Preservation
section 5332 of Title 5, Government Organization
and Employees, which adjusted the annual rate
Appendix 2 to Title 5.]
of the White House extended until Sept. 30, 1993
by Ex. Ord. No. 12774, Sept. 30, 1991, 56 F.R.
of pay for the Vice President effective on the
Extension of Term of Committee for the
49835, formerly set out as a note under section
first day of the first applicable pay period begin-
Preservation of the White House
14 of the Federal Advisory Committee Act in
ning on or after Jan. 1, 1988, was superseded by
Term of the Committee for the Preservation
Appendix 2 to Title 5, Government Organization
Ex.Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, set
of the White House extended until Sept. 30,
and Employees.
out as a note under section 5332 of Title 5.
1987, see Ex.Ord. No. 12534, Sept. 30, 1985, 50
Term of the Committee for the Preservation
1986-Ex.Ord. No. 12578, Dec. 31, 1986, 52
F.R. 40319, formerly set out as a note under
of the White House extended until Sept. 30,
F.R. 505, formerly set out as a note under
section 14 of the Federal Advisory Committee
1995, see Ex. Ord. No. 12869, Sept. 30, 1993, 58
section 5332 of Title 5, Government Organization
Act in Appendix 2 to Title 5, Government Orga-
F.R. 51751, set out as a note under section 14 of
and Employees, which adjusted the annual rate
nization and Employees.
the Federal Advisory Committee Act in Appen-
of pay for the Vice President, effective on the
Term of the Committee for the Preservation
dix 2 to Title 5, Government Organization and
first day of the first applicable pay period begin-
of the White House extended until Sept. 30,
Employees.
ning on or after Jan. 1, 1987, was superseded by
Ex.Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222,
set out as a note under section 5332 of Title 5.
CHAPTER 3-PROTECTION OF THE PRESIDENT; UNITED
STATES SECRET SERVICE UNIFORMED DIVISION
1985-Ex.Ord. No. 12496, Dec. 28, 1984, 50
F.R. 211, as amended Ex.Ord. No. 12540, Dec.
30, 1985, 51 F.R. 577, which provided for adjust-
§
202. United States Secret Service Uniformed Division; establishment, control,
ment of pay rates effective Jan. 1, 1985, and
and supervision; privileges, powers, and duties
which provided for a further adjustment of mili-
There is hereby created and established a permanent police force, to be known as the
tary pay rates and allowances effective Oct. 1,
"United States Secret Service Uniformed Division". Subject to the supervision of the
1985, was superseded by Ex.Ord. No. 12578,
Dec. 31, 1986, 52 F.R. 505, set out as a note
Secretary of the Treasury, the United States Secret Service Uniformed Division shall
under section 5332 of Title 5.
perform such duties as the Director, United States Secret Service, may prescribe in
connection with the protection of the following: (1) the White House in the District of
1984-Ex.Ord. No. 12456, Dec. 30, 1983, 49
Columbia; (2) any building in which Presidential offices are located; (3) the Treasury
F.R. 347, as amended Ex.Ord. No. 12477, May
Building and grounds; (4) the President and members of his immediate family; (5)
23, 1984, 49 F.R. 22041; Ex.Ord. No. 12487,
foreign diplomatic missions located in the metropolitan area of the District of Columbia;
Sept. 14, 1984, 49 F.R. 36493, which provided for
(6) the temporary official residence of the Vice President and grounds in the District of
the adjustment of pay rates effective Jan. 1,
Columbia; (7) the Vice President and members of his immediate family; (8) foreign
1984, was superseded by Ex.Ord. No. 12496,
Dec. 28, 1984, 50 F.R. 211, as amended by
diplomatic missions located in metropolitan areas (other than the District of Columbia)
Ex.Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577,
in the United States where there are located twenty or more such missions headed by
set out as a note under section 5332 of Title 5.
full-time officers, except that such protection shall be provided only (A) on the basis of
extraordinary protective need, (B) upon request of the affected metropolitan area, and
1982-Ex.Ord. No. 12387, Oct. 8, 1982, 47
(C) when the extraordinary protective need arises at or in association with a visit to (i) a
F.R. 44981, which provided for the adjustment
permanent mission to, or an observer mission invited to participate in the work of, an
of pay rates effective Oct. 1, 1982, was supersed-
international organization of which the United States is a member; or (ii) an internation-
ed by Ex.Ord. No. 12456, Dec. 30, 1983, 49 F.R.
al organization of which the United States is a member, except that such protection may
347, as amended Ex.Ord. No. 12477, May 23,
1984, 49 F.R. 22041; Ex.Ord. No. 12487, Sept.
also be provided for motorcades and at other places associated with any such visit and
14, 1983, 49 F.R. 36493, formerly set out as a
may be extended at places of temporary domicile in connection with any such visit;
note under section 5332 of Title 5.
(9)1 foreign consular and diplomatic missions located in such areas in the United
States, its territories and possessions, as the President, on a case-by-case basis, may
Legislative History
direct; and
For legislative history and purpose of Pub.L.
(10)1 visits of foreign government officials to metropolitan areas (other than the
101-194, see 1989 U.S. Code Cong. and Adm.
District of Columbia) where there are located 20 or more consular or diplomatic missions
News, p. 1225.
staffed by accredited personnel, including protection for motorcades and at other places
302
303
THE PRESIDENT
3 § 202
THE PRESIDENT
(1) $10,000,000 for eac
associated with such visits, when such officials are in the United States to conduct
payment of reimburseme
official business with the United States Government.
regard to the fiscal year
The members of such force shall possess privileges and powers similar to those of the
entered into before such
members of the Metropolitan Police of the District of Columbia.
(2) $8,000,000 for the
(As amended Oct. 18, 1986, Pub.L. 99-500, Title I, § 101(m), [Title VI, § 622], 100 Stat. 1783-333;
subsection (a) before Oct
Oct. 30, 1986, Pub.L. 99-591, Title 1, § 101(m), [Title VI, § 622], 100 Stat. 3341-333; Oct. 28, 1991,
amount shall be obligated
Pub.L. 102-138, Title I, § 135(b)(1)-(3), 105 Stat. 666, 667; Oct. 24, 1992, Pub.L. 102-499, § 3(a), 106
Amounts appropriated under
Stat. 3264.)
(As amended Pub.L. 99-93, Title
1 So in original.
§ 410, Aug. 27, 1986, 100 Stat. 86
Stat. 666.)
HISTORICAL AND STATUTORY NOTES
1992 Amendments
[amending this section] shall be deemed to have
HISTO,
Cl. (10). Pub.L. 102-499, § 3(a), substituted
become effective as of October 1, 1991."
References in Text
"when such officials are in the United States to
conduct official business with the United States
Effective Date of 1991 Amendment
Title 11 of the State Department
Government" for pursuant to invitations of the
Section 135(b)(4) of Pub.L. 102-138 provided
thorities Act of 1956, referred to in
United States Government".
that:
is Act Aug. 1, 1956, c. 841, Title
Aug. 24, 1982, Pub. L. 97-241, Title
1991 Amendment
"(A) Except as provided in subparagraph (B),
96 Stat. 283, known as the Foreign 1
Cl. (8)(C). Pub.L. 102-138, § 135(b)(1), sub-
the amendments made by this subsection
which is classified principally to cha
stituted "at or in association with a visit to (i) a
[amending this section] shall take effect October
4301 et seq.) of Title 22, Foreign I
permanent mission to, or an observer mission
1, 1991.
Intercourse. For complete classific
invited to participate in the work of, an interna-
"(B) The amendments made by paragraph
Act to the Code, see Short Title
tional organization of which the United States is
(1) [amending cl. (8)(C) of this section] shall be
under section 4301 of Title 22 and
a member; or (ii) an international organization
deemed to have become effective as of January
of which the United States is a member, except
1, 1989."
1991 Amendment
that such protection may also" for "in associa-
tion with a visit to or occurs at a permanent
Reimbursement to State and Local Govern-
Subsec. (a). Pub.L. 102-138, $ ]
mission to an international organization of which
ment For Protective Services For Foreign
tuted "sections 202(8) and 202(10)"
the United States is a member or an observer
Missions
202(7)" wherever appearing.
mission invited to participate in the work of such
Section 135(b)(5) of Pub.D. 102-138 provided
Subsec. (b)(1). Pub.L. 102-138
organization, provided that such protection may"
that: "Protective services provided by a State or
substituted "$10,000,000" for
and "any such visit" for "such a visit" and "any
local government at any time during the period
"1991" for "1982", and "without I
such visit;" for "such a visit; and".
beginning on January 1, 1989, and ending on
fiscal year such obligations were
Cl. (9). Pub.L. 102-138, § 135(b)(2), inserted
September 30, 1991, which were performed in
including obligations entered into
"consular and" after "foreign" and substituted
connection with visits described in section 202(8)
date" for "after such date".
"direct; and" for "direct.".
of title 3, United States Code, as amended by
CI. (10). Pub.L. 102-138, § 135(b)(3), added
this subsection [cl. (8) of this section] shall be
Subsec. (b)(2). Pub.L. 102-138
par. (10).
deemed to be reimbursement obligations en-
substituted **$8,000,000 for "$17
tered into pursuant to section 208(a) of that title
"1991, except that not more than
1986 Amendment
[section 208(a) of this title] as if the amendment
this amount shall be obligated or €
Pub.L. 99-500 added cl. (3), redesignated for-
made by paragraph (1) of this subsection
ing fiscal year 1992" for "1982".
mer cls. (3) to (8) as (4) to (9), respectively, and
[amending cl. (8)(C) of this section] was in effect
in cl. (7) as 80 redesignated, substituted "imme-
during that period and the services had been
diate" for "immediately".
requested by the Secretary of State."
CHAPTER 4
Pub.L. 99-591 made an amendment identical
to Pub.L. 99-500.
Legislative History
For legislative history and purpose of Pub.L.
§ 301. General authorizat
Effective Date of 1992 Amendments
99-591, see 1986 U.S. Code Cong. and Adm.
Section 3(b) of Pub.L. 102-499 provided that:
News, p. 5627. See, also, Pub.L. 102-238, 1991
HIST
"The amendment made by subsection (a)
U.S. Code Cong. and Adm. News, p. 384.
Standards of Ethical Conduct
hensive System of Financial
§ 208. Reimbursement of State and local governments
Officers and Employees in 1
Branch
(a) In carrying out the functions pursuant to sections 202(8) and 202(10), the
For provisions relating to stand
Secretary of Treasury may utilize, with their consent, on a reimbursable basis, the
conduct for government officers E
services, personnel, equipment, and facilities of State and local governments, and is
authorized to reimburse such State and local governments for the utilization of such
services, personnel, equipment, and facilities. The Secretary of Treasury may carry out
the functions pursuant to sections 202(8) and 202(10) by contract. The authority of this
subsection may be transferred by the President to the Secretary of State. In carrying
out any duty under sections 202(8) and 202(10), the Secretary of State is authorized to
utilize any authority available to the Secretary under title II of the State Department
Basic Authorities Act of 1956.
(b) There is authorized to be appropriated, in addition to such sums as have been
heretofore appropriated under this section-
304
Part
Ch. 84
PRESIDENTIAL ASSASSINATION, ETC.
18 $ 1751
ties, or knowingly
(b) For the purposes of this section, the term
(1) which bears a birth date or age purported to
gence, approves any
"sexually oriented advertisement" shall have the
be that of the person named in such identification
sureties, or know!
same meaning as given It in section 3010(d) of title 39.
document; and
nt certificate, shall
(Added Pub.L. 91-375, $ 6(j)(37)(A), Aug. 12, 1970, 84 Stat.
(2) knowing that such document fails to carry
uprisoned not more
781.)
diagonally printed clearly and indelibly on both the
be dismissed from
front and back "NOT A GOVERNMENT DOCU-
ding the office
of
§ 1736. Restrictive use of information
MENT" in capital letters in not less than twelve
(a) No information or evidence obtained by reason
point type;
of compliance by a natural person with any provision
shall be fined not more than $1,000, imprisoned not
of section 3010 of title 39, or regulations issued
352 (Mar. 4, 1909,
more than one year, or both.
thereunder. shall, except as provided in subsection (c)
of this section, be used, directly or indirectly, as
(b) For purposes of this section the term "identifi-
evidence against that person in a criminal proceeding.
cation document" means a document which is of a
(b) The fact of the performance of any act by an
type intended or commonly accepted for the purpose
publications with
of identification of individuals and which is not issued
individual in comphance with any provision of section
postage
3010 of title 39, or regulations issued thereunder,
by or under the authority of a government.
by law, knowingly
shall not be deemed the admission of any fact, or
(Added Pub.L. 97-398, $ 4(a), Dec. 31, 1982, 96 Stat. 2011.)
rithout the prepay-
otherwise be used, directly or indirectly, as evidence
cer or employee of
against that person in a criminal proceeding, except
CHAPTER 84-PRESIDENTIAL AND PRES-
mits any periodical
as provided in subsection (c) of this section.
IDENTIAL STAFF ASSASSINATION,
repayment of post-
(c) Subsections (a) and (b) of this section shall not
KIDNAPING, AND ASSAULT
$1,000, or impris
both.
preclude the use of any such information or evidence
Sec.
in a prosecution or other action under any applicable
1751. Presidential and Presidential staff assassination. kid-
'60, 74 Stat. 705, and
provision of law with respect to the furnishing of false
). Aug. 12, 1970, 84
naping, and assault; penalties.
information.
1752. Temporary residences and offices of the President
(Added Pub.L. 91-375, § 6(j)(37)(A), Aug. 12, 1970, 84 Stat.
and others.
781.)
matter as "adver-
EDITORIAL NOTES
§ 1737.
Manufacturer of sexually related mail
Savings Provisions of Pub.L. 98-473, Title II, c. 11. See
blisher, prints in a
matter
section 235 of Pub.L. 98-473, Title II, C. II, Oct. 12, 1984. 98
S mail, editorial or
(a) Whoever shall print, reproduce, or manufacture
Stat. 2031 as amended, set out as a note under section 3551
= has been paid or
of this title.
any sexually related mail matter, intending or know-
n. without plainly
ing that such matter will be deposited for mailing or
shall be fined not
§ 1751.
Presidential and Presidential staff as-
delivery by mail in violation of section 3008 or 3010 of
sassination, kidnaping, and assault;
title 39, or in violation of any regulation of the Postal
1960. 74 Stat. 706.)
Service issued under such section, shall be fined not
penalties
more than $5,000 or imprisoned not more than five
(a) Whoever kills (1) any individual who is the
ertisements
years, or both, for the first offense, and shall be fined
President of the United States, the President-elect,
not more than $10,000 or imprisoned not more than
the Vice President, or, if there is no Vice President,
ten years, or both, for any second or subsequent
the officer next in the order of succession to the
l' the mailing, car-
offense.
Office of the President of the United States. the Vice
of any sexually
President-elect, or any person who is acting as Presi-
ion of section 3010
(b) As used in this section, the term "sexually
dent under the Constitution and laws of the United
any regulations of
related mail matter" means any matter which is
States, or (2) any person appointed under section
under such section;
within the scope of section 3008(a) or 3010(d) of title
39.
105(a)(2)(A) of title 3 employed in the Executive
Office of the President or appointed under section
(Added Pub.L. 91-375, $ 6(j)(37)(A), Aug. 12, 1970. 84 Stat.
exchanges, or li-
781.)
106(a)(1)(A) of title 3 employed in the Office of the
11' the purpose ex-
Vice President, shall be punished as provided by
10 of title 39, uses
§ 1738.
sections 1111 and 1112 of this title.
Mailing private identification docu-
Board of Gover:
ments without a disclaimer
(b) Whoever kidnaps any individual designated in
(a) Whoever, being in the business of furnishing
subsection (a) of this section shall be punished (1) by
or imprisoned not
identification documents for valuable consideration,
imprisonment for any term of years or for life. or (2)
the first offense,
and in the furtherance of that business, uses the
by death or imprisonment for any term of years or
$10,000 or impris:
mails for the mailing, carriage in the mails, or deliv-
for life, if death results to such individual.
th, for any second
ery of, or causes to be transported in interstate or
(c) Whoever attempts to kill or kidnap any individ-
foreign commerce, any identification document-
ual designated in subsection (a) of this section shall
Complete Annotation Materials, see Title 18 U.S.C.A.
633
18 § 1751
CRIMES
Part
be punished by imprisonment for any term of years
§
1752.
Temporary residences and offices of
or for life.
the President and others
(d) If two or more persons conspire to kill or
(a) It shall be unlawful for any person or group of
kidnap any individual designated in subsection (a) of
persons-
this section and one or more of such persons do any
act to effect the object of the conspiracy, each shall
(1) willfully and knowingly to enter or remain in
be punished (1) by imprisonment for any term of
(i) any building or grounds designated by the
years or for life, or (2) by death or imprisonment for
Secretary of the Treasury as temporary resi
any term of years or for life, if death results to such
dences of the President or other person protect-
individual.
ed by the Secret Service or as temporary offices
of the President and his staff or of any other
(e) Whoever assaults any person designated in
person protected by the Secret Service, or
subsection (a)(1) shall be fined not more than $10,000,
(ii) any posted, cordoned off, or otherwise re-
or imprisoned not more than ten years, or both.
stricted area of a building or grounds where the
Whoever assaults any person designated in subsec-
President or other person protected by the Se-
tion (a)(2) shall be fined not more than $5,000, or
cret Service is or will be temporarily visiting,
imprisoned not more than one year, or both; and if
in violation of the regulations governing ingress or
personal injury results, shall be fined not more than
egress thereto:
$10,000, or imprisoned not more than ten years, or
(2) with intent to impede or disrupt the orderly
both.
conduct of Government business or official func-
(f) The terms "President-elect" and "Vice-Presi-
tions, to engage in disorderly or disruptive conduct
dent-elect" as used in this section shall mean such
in, or within such proximity to, any building or
persons as are the apparent successful candidates for
grounds designated in paragraph (1) when, or SO
the offices of President and Vice President, respec-
that, such conduct, in fact, impedes or disrupts the
tively, as ascertained from the results of the general
orderly conduct of Government business or official
elections held to determine the electors of President
functions;
and Vice President in accordance with title 3, United
(3) willfully and knowingly to obstruct or impede
States Code, sections 1 and 2.
ingress or egress to or from any building, grounds,
(g) The Attorney. General of the United States, in
or area designated or enumerated in paragraph (1);
his discretion, is authorized to pay an amount not to
or
exceed $100,000 for information and services concern-
(4) willfully and knowingly to engage in any act
ing a violation of subsection (a)(1). Any officer or
of physical violence against any person or property
employee of the United States or of any State or local
in any building, grounds, or area designated or
government who furnishes information or renders
enumerated in paragraph (1).
service in the performance of his official duties shall
not be eligible for payment under this subsection.
(b) Violation of this section, and attempts or con-
spiracies to commit such violations, shall be punisha-
(h) If Federal investigative or prosecutive jurisdic-
ble by a fine not exceeding $500 or imprisonment not
tion is asserted for a violation of this section, such
exceeding six months, or both.
assertion shall suspend the exercise of jurisdiction by
a State or local authority, under any applicable State
(c) Violation of this section, and attempts or con-
or local law, until Federal action is terminated.
spiracies to commit such violations, shall be prosecut-
ed by the United States attorney in the Federal
(i) Violations of this section shall be investigated
district court having jurisdiction of the place where
by the Federal Bureau of Investigation. Assistance
the offense occurred.
may be requested from any Federal, State, or local
agency, including the Army, Navy, and Air Force,
(d) The Secretary of the Treasury is authorized
any statute, rule, or regulation to the contrary not-
(1) to designate by regulations the buildings and
withstanding.
grounds which constitute the temporary residences
(j) In a prosecution for an offense under this sec-
of the President or other person protected by the
tion the Government need not prove that the defen-
Secret Service and the temporary offices of the
dant knew that the victim of the offense was an
President and his staff or of any other person
official protected by this section.
protected by the Secret Service, and
(k) There is extraterritorial jurisdiction over the
(2) to prescribe regulations governing ingress or
conduct prohibited by this section.
egress to such buildings and grounds and to post-
(Added Pub.L. 89-141, § 1, Aug. 28, 1965, 79 Stat. 580, and
ed, cordoned off, or otherwise restricted areas
amended Pub.L. 97-285, §§ 3, 4(a), Oct. 6, 1982, 96 Stat.
where the President or other person protected by
1220.)
the Secret Service is or will be temporarily visiting.
Complete Annotation Materials, see Title 18 U.S.C.A.
634
1
RICHARD K. WILLARD
Acting Assistant Attorney General
2
BROOK HEDGE
3
R. JOHN SEIBERT
Attorneys, Civil Division - Room 3547
4
United States Department of Justice
Washington, D.C. 20530
5
Telephone: (202) 633-3395
6
JOSEPH P. RUSSONIELLO
United States Attorney
7 GEORGE C. STOLL
Assistant United States Attorney
8
Room 16201 Federal Building
450 Golden Gate Avenue
9
San Francisco, California 94102
Telephone: (202) 556-6433
10
Attorneys for the Secret Service
11
12
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF CALIFORNIA
13
SAN JOSE DIVISION
14
FRANCIS 'REILLY, et al.
)
)
15
Plaintiffs, )
)
16
V.
)
No. C 84 20624 WAI
)
17
RONALD REAGAN, et. al.,
)
DECLARATION OF SPECIAL AGENT
)
THOMAS D. QUINN IN SUPPORT OF
18
Defendants.
)
SECRET SERVICE'S OPPOSITION TO
)
PLAINTIFFS' MOTION TO EXPEDITE
19
DISCOVERY
20
THOMAS D. QUINN declares and states as follows:
21
1. I am a Special Agent with the United States Secret
22
Service and presently the Acting Deputy Assistant Director for
23
Protective Operations, Uniform Division. I submit this
24
declaration in support of the Secret Service's opposition to
25
plaintiffs' oral motion to take expedited discovery.
26
FORM
D1/2/16/84
1
2. I have been a Special Agent of the Secret Service since
2
1969, and have held my current position of Acting Deputy
3
Assistant Director since August, 1984. In my capacity as a
4
Special Agent, I have been assigned to numerous protective
5
details to protect and assure the safety of protectees making
6
public appearances during the course of campaigning for elective
7
office as candidates of both the Democratic and Republican
8 parties. Most recently, I supervised all protective security
9 for the President of the United States during his campaign trip
10 to Western Ohio on October 12, 1984, which included both a
11 public appearance at Courthouse Square in Dayton and a whistle
12 stop train tour north to Toledo. I am familiar with the policy
13 and practices of the Secret Service at public, outdoor campaign
14 rallies and, in particular, I am knowledgeable of the policy and
15 practices relating to the admission of signs and the use of
16 buffer zones of invited guests as a security device.
17
3. With one exception, the Secret Service does not refuse
18
admittance to signs at campaign rallies based on their
19
content. The exception pertains to signs containing messages
20
which threaten the life of our protectees in violation of 18
21
U.S.C. . §§871 and 879. On rare occasions, the Secret Service
22
will, in the discretion of its Special Agents and Uniformed
23
Division Officers, refuse admittance to signs that could be used
24
in a threatening or injurious manner towards the protectee. By
25
way of non-limiting example, such signs could include those made
of wood or metal in the shape of a disc that could be thrown in
26
- 2 -
00/27/6/54
1
a spinning fashion towards the protectee, or signs made from
2
large pieces of plywood that could be used to ram passages
3
through crowds precitipating disturbances and panic.
4
4. More frequently, the Secret Service will reject sticks,
5
poles, or other supporting items that could be used in a
6
threatening or injurious way. Upon removal of the supporting
7 items, the signs will be admitted if they do not fall into one
8 of the two categories mentioned above. Not all sticks are
9 necessarily rejected. In the discretion of the Secret Service
10 Special Agent or Uniformed Division Officer manning entrance
11 points, small sticks attached to flags, for example, may be
12 admitted. It is not possible, however, to establish maximum
13 measurements of sticks, poles or other supporting items that
14 would be admitted. Each decision to admit or reject such
15 materials is a discretionary decision based on the judgment and
16 experience of the Secret Service personnel responsible for
17 entrance point security. The decision, however, is not based on
18 the content of the sign or other item attached to the stick,
19 pole, or supporting device.
20
5. The sign policy set forth in paragaphs 3 and 4 above is
21
designed to enhance the security of the protectee by reducing
22
the potential for an incident that could injure the protectee.
The incident could be in the nature of a direct attact on the
23
24
protectee or the creation of a disturbance in the general
25
audience that may distract the Secret Service from other areas
26
of security observation. Security protection involves
- 3 -
FORM ORD 18:
MAR
202,0/18/84
1
considerations of possibilities not certainties. Each public
2
venue at which a protectee appears is unique from a security
3
standpoint. It is therefore not possible to quantify with
4
precision a security threat correlation between admitting one
5
sign with a three foot pole versus admitting 20 or 100 such
6 signs. Ultimately, the experience and judgemental discretion of
7 those Secret Service personnel responsible for security at a
8 particular event must govern the composition of articles that
9 are permitted inside a secured area.
10
6. A separate measure to enhance security for the protectee
11 is the use of a buffer zone of invited guests which is placed
12 between the area to be occupied by the protectee and the general
13 audience. The depth of this zone will vary depending on the
14 location of the event. In the case of the Dayton, Ohio rally
15 for the President in Market Square, this area was approximately
16 fifteen feet deep. Because access to the area is limited to
17 persons invited by the protectee, the Secret Service draws the
18 inference that the potential for a security threatening incident
19
will be lower than for the general audience located behind this
20
buffer zone. The zone provides an additional measure of
21
security in the event of a disturbance in the general audience
22
area by acting to absorb the impact of a person or persons
23
surging or pushing forward towards the protectee.
24
25
- 4 -
26
20210/16/8
1
7. The foregoing statements constitute matters to which I
2
testified at an evidentiary hearing on plaintiffs' motion for a
3
temporary restraining order on October 11, 1984 in the case of
4
Lacy V. Reagan-Bush '84 filed in the United States District
5
Court at Dayton, Ohio.
6
I declare under penalty of perjury that the foregoing
7
statements are true and correct.
8
9
Executed this 16th day of October, 1984
10
11
Thomas
THOMAS D. QUINN
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
- 5 -
10RM OBD-183
MAK
PAGE
2
3RD CASE of Level 1 printed in FULL format.
Kay Bishop; Shirley Rosser; Mary Luken; Lois Gish; Maria Pesante; Phillip W.
Amadon; Susan E. Binder; Jonathan Messinger; Ruth Rucker;
Andrew Rucker; Benjamin Rucker, Plaintiffs-Appellants, V.
Reagan-Bush '84 Committee; Mark Hatfield, Jr.; James Kuhn;
William Brennan; Michael Murphy; John Does 1-20; Lawrence
Whalen; Richard Roe 1-20 Police Officers; Hamilton County
Reagan-Bush '84; John Collins; Anthony Reissig; John Doe
1-20 Republican Party Volunteers, Defendants-Appellees
Bishop V. Reagan-Bush '84 Comm.
No. 86-3287
n* NOT RECOMMENDED FOR FULL-TEXT PUBLICATION SIXTH CIRCUIT
RULE 24 LIMITS CITATION TO SPECIFIC SITUATIONS. PLEASE SEE
RULE 24 BEFORE CITING IN A PROCEEDING IN A COURT IN THE
SIXTH CIRCUIT. IF CITED, A COPY MUST BE SERVED ON OTHER
PARTIES AND THE COURT. THIS NOTICE IS TO BE PROMINENTLY
DISPLAYED IF THIS DECISION IS REPRODUCED.
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT
819 F.2d 289; 1987 U.S. App. LEXIS 6669
May 22, 1987, Filed
PRIOR HISTORY:
[*1]
On Appeal from the United States District Court for the Southern District of
Ohio.
OPINION: BEFORE: ENGEL and GUY, Circuit Judges; and PECK, Senior Circuit
Judge.
PER CURIAM.
This appeal arises out of an incident which occurred at a political rally for
President Reagan held in Cincinnati, Ohio, on August 20, 1984. The district
court granted summary judgment to all the named defendants on the ground that
the exclusion of all signs and banners critical to the President or his policies
from a rally held pursuant to a validly-issued permit was not violative of
plaintiffs' first amendment rights. Because we conclude that the analysis used
by the district court was improper and the grant of summary judgment premature,
we reverse and remand for further proceedings consistent with this opinion.
I.
On August 16, 1984, the Reagan-Bush '84 Committee secured a permit for the
use of Fountain Square, an outdoor public meeting place in downtown Cincinnati,
for the purpose of conducting a presidential rally. The permit was issued
pursuant to Chapter 713 of the Cincinnati Municipal Code, which specifically
provides that "[t]he use of Fountain Square shall be preserved primarily for the
peaceful and orderly [*2] enjoyment of the square
by the general
public. 713-1. However, the City does allow, pursuant to permit, special
PAGE
3
819 F.2d 289; 1987 U.S. App. LEXIS 6669, *2
group uses of the Square which may entail "unreasonable interference or
obstruction with the rights of the public to peaceably use and enjoy Fountain
Square, " 713-1. (c), for "reasonable" periods of time, subject to certain
enumerated safety and traffic concerns. 713-1. (c) (1) (3) President Reagan was
to be the featured speaker at this pre-election rally, to which public
attendance was encouraged.
On the day of the rally, security personnel, apparently consisting of certain
Secret Service agents, various members of the Cincinnati police force, as well
as various members of both the national and local Reagan-Bush '84 Committees,
set up checkpoints through which all persons wishing to attend were required to
pass. These checkpoints consisted of specific gates at which metal detectors
were located, maintained to ensure the safety of the President who was, at that
time, running for re-election. It is alleged by plaintiffs that before being
allowed past these checkpoints, all persons carrying signs, whether in favor of
or against the President, were required to abandon [*3] those signs as a
condition of entering the rally. Some plaintiffs carried signs expressing
opposition to President Reagan's candidacy; others brought signs expressing
opposition to various political and social policies identified with the Reagan
administration; and others brought signs which addressed public issues not
specifically identified with the Reagan administration. When plaintiffs
attempted to enter the Square, they were required to surrender their signs as a
condition of entry. However, immediately past the checkpoint entrances,
individuals who entered the Square were offered miniature American flags
attached to sticks and cardboard signs promoting the Reagan-Bush ticket.
Plaintiffs allege that no one was permitted to display any sign critical of the
President or his ticket.
Eleven days after this event, plaintiffs filed this suit requesting
injunctive relief and damages for alleged constitutional violations directly
under the first and fourth amendments by the Secret Service defendants (a Bivens
action) ; n1 conspiracy to deny plaintiffs their first and fourth amendment
rights in violation of 42 U.S.C. 1985 by all defendants; and violation of
their first, fourth, and [*4] fourteenth amendment rights under color of
state law in violation of 42 U.S.C. 1983 by the individual Cincinnati Police
Department defendants and by the Reagan-Bush '84 Committee acting in concert
with the local police. Due to the passage of time, the request for injunctive
relief has been mooted and only the claims for damages remain.
n1 See Bivens V. Six Unknown Named Agents of the Federal Bureau of Narcotics,
403 U.S. 388 (1971)
Pursuant to certain agreements between the parties on the requested
injunctive relief and motions to dismiss by the various defendants based on
failure to state a claim or asserting the defense of qualified immunity, the
trial judge issued a blanket protective order prohibiting the plaintiffs from
engaging in discovery until those motions were ruled on. All defendants (the
Secret Service agents, members of the Cincinnati police force, and members of
the national and Hamilton County Reagan-Bush '84 Committees) filed motions to
dismiss plaintiffs claims; in addition, Secret Service agent Michael Murphy
filed an "alternate" motion for summary judgment, to which he attached an
affidavit declaring that at no time on the date in question did he supervise
[*5] the admittance of persons into Fountain Square. Plaintiffs allege that,
while this protective order was still in effect, thereby precluding them from
conducting any discovery whatsoever, the trial judge entered an order purporting
PAGE
4
819 F.2d 289; 1987 U.S. App. LEXIS 6669, *5
to grant all the defendants' motions for summary judgment and dismissing
plaintiffs' claims.
The judge's ruling was predicated upon a detailed analysis of the physical
characteristics of Fountain Square. He pointed out that entrance to the Square
was "limited" by certain boundaries; e.g., commercial buildings along two sides
and a sloping terrain along the other two sides which is blocked in places by
bushes, trees, and a low wall. Bishop V. Reagan-Bush '84 Committee, 635 F. Supp.
1020, 1021-22 (S.D. Ohio 1986). He also observed that "[o]nly the entrance from
Sixth Street is at ground level, two others contain an inclined ramp and the
remaining four have steps. " Id. He concluded that "[f]or purposes of crowd
control, the limited access to and exit from the plaza area of Fountain Square
Plaza would more resemble a hall for performers than it would an open field or
area. Id. at 1022. Based on this conclusion, the judge found that issuance of
the [*6] permit conferred on the defendants the right to exclusive use of the
Square with the concomitant right to place whatever conditions they desired on
the rights of those attending their "private" function.
II.
At the outset, we reject an analysis of this question which turns solely on
the physical characteristics of Fountain Square. Such analysis gives no
consideration to the possibility that the nature of certain public forums cannot
be altered, either by governmental fiat or private will. Even if Fountain Square
is not such a forum, the record is inadequate at this stage of the proceedings
as to the City's intent in issuing the permit for this political rally.
Analysis of the first amendment questions involved in this case must proceed
according to the most recent pronouncements from the Supreme Court in Cornelius
V. NAACP Legal Defense & Education Fund, 473 U.S. 788 (1985). See also Perry
Education Assn. V. Perry Local Educators' Assn., 460 U.S. 37 (1983). n2 First,
the "relevant forum" must be ascertained. Cornelius, 105 S. Ct. at 3448. Having
defined the relevant forum, the court must then determine its nature, since the
extent to which access may be limited [*7] depends on whether the forum is
public or nonpublic. Id. at 3446-47. Finally, the proffered justifications for
the exclusion from the relevant forum must be assessed to determine whether they
satisfy the requisite standard. Id. at 3447.
n2 While Cornelius and Perry set forth the appropriate analytical framework,
they are otherwise of very limited usefulness since neither deals with the
permissible limits on free speech in a traditional public forum.
The Court has identified three types of fora: traditional, limited, and
nonpublic. If the property is determined to be a traditional public forum, "the
government's ability to permissibly restrict expressive conduct is very limited;
the government may enforce reasonable time, place, and manner regulations as
long as the restrictions 'are content-neutral, are narrowly tailored to serve a
significant government interest, and leave open ample alternative channels of
communication. United States V. Grace, 461 U.S. 171 (1983), quoting Perry
Education Assn. 460 U.S. at 45. See also, Jews for Jesus, Inc. V. Board of
Airport Commissioners, 785 F.2d 791 (9th Cir. 1986), cert. granted, 107 S. Ct.
61 (1986).
[*8]
A limited public forum will be found when government property not normally
open to the general public is opened temporarily or for a special purpose. See
PAGE
5
819 F.2d 289; 1987 U.S. App. LEXIS 6669, *8
Perry Education Assn., 460 U.S. at 45-46 and n.7. In such a forum, there exists
a need to confine expressive activity to that which is compatible with the
intended use (s) of the property. However, "[a] 1though a State is not required to
indefinitely retain the open character of the facility, as long as it does so it
is bound by the same standards as apply in a traditional public forum. Id. at
46.
If, however, the forum is found to be nonpublic, "[t]he Government's decision
to restrict access need only be reasonable; it need not be the most
reasonable or the only reasonable limitation." Cornelius, 105 S. Ct. at 3453
(emphasis in original). But "[t]he existence of reasonable grounds for limiting
access to a nonpublic forum will not save a regulation that is in reality
a facade for viewpoint-based discrimination." Id. at 3454.
On remand, the City's intent with respect to any transformation of Fountain
Square by virtue of the issuance of the permit must be determined. If it was not
the City's intent to [*9] convert the Square into a private forum, the court
must address other issues, such as the existence or lack of state action and
qualified immunity, raised by the defendants. If the court finds that it was the
City's intent to confer exclusive use of the forum to Reagan-Bush '84, it must
resolve the question of whether they had the power to do so. n3
n3 Compare Community for Creative Non-Violence V. Hodel, 623 F. Supp. 528
(D.C.D.C. 1985), where the court applied a restrictive view of the "relevant
forum" which allowed it to conclude that an otherwise public forum had been
converted, partially by virtue of a permit, into a nonpublic forum, with Irish
Subcommittee V. Rhode Island Heritage Commission, 646 F. Supp. 347 and 353 n.3
(D.R.I. 1986), in which the court disapproved of the District of Columbia
court's analysis, stating: "I cannot accept [the court's] premise which treated
the Christmas Pageant as though it was to be held on nonpublic forum property
and then examined the access which had been granted. To allow the government to
limit traditional public forum property and thereby create within it a nonpublic
forum would destroy the entire concept of a public forum." Id. [*10]
Nothing in this opinion should be taken to preclude the subsequent grant of
either partial or complete summary judgment for any party after full development
of the facts and the analysis we have outlined.
REVERSED and REMANDED.
18 § 846
CRIMES
Part 1
of Treasury under this chapter to Federal Inspector, Office
Stat. 2031, as amended. set out as a note under section 3551
of Federal Inspector for the Alaska Natural Gas Transpor-
of this title.
tation System, see sections 102(g) and 203(a) of Reorg. Plan
No. 1 of 1979, set out under section 719e of Title 15,
§ 871.
Threats against President and succes-
U.S.C.A., Commerce and Trade.
sors to the Presidency
§ 847.
Rules and regulations
(a) Whoever knowingly and willfully deposits for
The administration of this chapter shall be vested
conveyance in the mail or for a delivery from any
in the Secretary. The Secretary may prescribe such
post office or by any letter carrier any letter, paper,
rules and regulations as he deems reasonably neces-
writing, print, missive, or document containing any
sary to carry out the provisions of this chapter. The
threat to take the life of, to kidnap, or to inflict bodily
Secretary shall give reasonable public notice, and
harm upon the President of the United States, the
afford to interested parties opportunity for hearing,
President-elect, the Vice President or other officer
prior to prescribing such rules and regulations.
next in the order of succession to the office of Presi-
(Added Pub.L. 91-452, Title XI, § 1102(a). Oct. 15, 1970. 84
dent of the United States, or the Vice President-elect,
Stat. 959.)
or knowingly and willfully otherwise makes any such
threat against the President, President-elect, Vice
EDITORIAL NOTES
President or other officer next in the order of succes-
Transfer of Functions. For transfer of certain enforce-
sion to the office of President, or Vice President-
ment functions of Secretary or other official in Department
elect, shall be fined not more than $1,000 or impris-
of Treasury under this chapter to Federal Inspector, Office
oned not more than five years, or both.
of Federal Inspector for the Alaska Natural Gas Transpor-
tation System. see sections 102(g) and 203(a) of Reorg. Plan
(b) The terms "President-elect" and "Vice Presi-
No. 1 of 1979, set out under section 719e of Title 15,
dent-elect" as used in this section shall mean such
U.S.C.A., Commerce and Trade.
persons as are the apparent successful candidates for
the offices of President and Vice President, respec-
§
848.
Effect on State law
tively, as ascertained from the results of the general
No provision of this chapter shall be construed as
elections held to determine the electors of President
indicating an intent on the part of the Congress to
and Vice President in accordance with title 3, United
occupy the field in which such provision operates to
States Code, sections 1 and 2. The phrase "other
the exclusion of the law of any State on the same
officer next in the order of succession to the office of
subject matter, unless there is a direct and positive
President" as used in this section shall mean the
conflict between such provision and the law of the
person next in the order of succession to act as
State SO that the two cannot be reconciled or consis-
President in accordance with title 3, United States
tently stand together.
Code, sections 19 and 20.
(Added Pub.L. 91-452, Title XI. § 1102(a). Oct. 15, 1970. 84
(As amended June 1, 1955, C. 115, § 1, 69 Stat. 80; Oct. 15,
Stat. 959.)
1962. Pub.L. 87-829. § 1, 76 Stat. 956; Oct. 12, 1982, Pub.L.
97-297. $ 2, 96 Stat. 1318.)
CHAPTER 41-EXTORTION AND THREATS
REVISION NOTES
Sec.
Based on title 18, U.S.C., 1940 ed., § 89 (Feb. 14, 1917, ch.
871. Threats against President and successors to the Pres-
64, 39 Stat. 919).
idency.
Reference to persons causing or procuring was omitted as
872. Extortion by officers or employees of the United
unnecessary in view of definition of "principal" in section 2
States.
of this title.
873. Blackmail.
Minor changes were made in phraseology.
874. Kickbacks from public works employees.
875. Interstate communications.
876. Mailing threatening communications.
§
872. Extortion by officers or employees of
877. Mailing threatening communications from foreign
the United States
country.
Whoever. being an officer, or employee of the
878. Threats and extortion against foreign officials, official
guests, or internationally protected persons.
United States or any department or agency thereof,
879. Threats against former Presidents and certain other
())' representing himself to be or assuming to act as
persons protected by the Secret Service.
such, under color or pretense of office or employment
commits or attempts an act of extortion, shall be
EDITORIAL NOTES
fined not more than $5,000 or imprisoned not more
Savings Provisions of Pub.L. 98-173, Title II, C. II. See
than three years, or both: but if the amount SO
section 235 of Pub.L. 98-473, Title II. C. 11. Oct. 12, 1984, 98
extorted or demanded does not exceed $100, he shall
Complete Annotation Materials, see Title 18 U.S.C.A.
502
Part
Ch. 42
EXTORTIONATE CREDIT TRANSACTIONS
18 § 891
rson any
§ 879.
Threats against former Presidents and
Sec.
deposits
894.
certain other persons protected by the
Collection of extensions of credit by extortionate
purpose
means.
Secret Service
e proper
[895. Repealed.]
er, or the
(a) Whoever knowingly and willfully threatens to
896. Effect on State laws.
threat to
kill, kidnap, or inflict bodily harm upon-
EDITORIAL NOTES
a crime,
(1) a former President or a member of the im-
oned not
mediate family of a former President;
Savings Provisions of Pub.L. 98-473, Title II, c. II. See
section 235 of Pub.L. 98-473, Title II, C. II, Oct. 12, 1984, 98
(2) a member of the immediate family of the
Stat. 2031, as amended, set out as a note under section 3551
6(j)(8), 84
President, the President-elect, the Vice President,
of this title.
or the Vice President-elect; or
(3) a major candidate for the office of President
§ 891. Definitions and rules of construction
ly 8, 1932,
or Vice President, or the spouse of such candidate;
For the purposes of this chapter:
3, § 1, 53
who is protected by the Secret Service as provided by
(1) To extend credit means to make or renew any
law, shall be fined not more than $1,000 or impris-
loan, or to enter into any agreement, tacit or express,
omitted as
oned not more than three years, or both.
whereby the repayment or satisfaction of any debt or
section 2
(b) As used in this section-
claim, whether acknowledged or disputed, valid or
(1) the term "immediate family" means-
invalid, and however arising, may or will be deferred.
IS covered
(A) with respect to subsection (a)(1) of this
(2) The term "creditor", with reference to any
section, the wife of a former President during his
given extension of credit, refers to any person mak-
foreign
lifetime, the widow of a former President until
ing that extension of credit, or to any person claiming
interna-
her death or remarriage, and minor children of a
by, under, or through any person making that exten-
former President until they reach sixteen years
sion of credit.
eatens to
of age; and
(3) The term "debtor", with reference to any given
kidnap-
(B) with respect to subsection (a)(2) of this
extension of credit, refers to any person to whom that
guest, or
section, a person to whom the President, Presi-
extension of credit is made, or to any person who
fined not
dent-elect, Vice President, or Vice President-
guarantees the repayment of that extension of credit,
than five
elect-
or in any manner undertakes to indemnify the credi-
a threat-
(i) is related by blood, marriage, or adop-
tor against loss resulting from the failure of any
tion; or
person to whom that extension of credit is made to
(ii) stands in loco parentis;
repay the same.
lation of
(2) the term "major candidate for the office of
112, 1116,
(4) The repayment of any extension of credit in-
President or Vice President" means a candidate
1 be fined
cludes the repayment, satisfaction, or discharge in
referred to in subsection (a)(7) of section 3056 of
ore than
whole or in part of any debt or claim, acknowledged
this title; and
or disputed, valid or invalid, resulting from or in
(3) the terms "President-elect" and "Vice Presi-
connection with that extension of credit.
eign offi-
dent-elect" have the meanings given those terms in
1 "official
(5) To collect an extension of credit means to in-
section 871(b) of this title.
e provid-
duce in any way any person to make repayment
(Added Pub.L. 97-297, § 1(a), Oct. 12, 1982, 96 Stat. 1317,
thereof.
and amended Pub.L. 98-587, § 3(a), Oct. 30, 1984, 98 Stat.
ection (a)
3111.)
(6) An extortionate extension of credit is any ex-
e United
tension of credit with respect to which it is the
EDITORIAL NOTES
offense if
understanding of the creditor and the debtor at the
References in Text. The Joint resolution to authorize
e United
time it is made that delay in making repayment or
the United States Secret Service to furnish protection to
e offense
failure to make repayment could result in the use of
major Presidential or Vice Presidential candidates, approved
m or the
violence or other criminal means to cause harm to the
June 6, 1968, referred to in subsec. (b)(2), is Pub.L. 90-331,
tion, the
June 6, 1968, 82 Stat. 170, which is set out as a note under
person, reputation, or property of any person.
risdiction
section 3056 of this title.
(7) An extortionate means is any means which
ie places
involves the use, or an express or implicit threat of
this title
CHAPTER 42-EXTORTIONATE
use, of violence or other criminal means to cause
n Act of
CREDIT TRANSACTIONS
harm to the person, reputation, or property of any
person.
Sec.
2000, and
891.
Definitions and rules of construction.
(8) The term "State" includes the District of Co-
91 Stat.
892.
Making extortionate extensions of credit.
lumbia, the Commonwealth of Puerto Rico, and terri-
tat. 1705.)
893.
Financing extortionate extensions of credit.
tories and possessions of the United States.
Complete Annotation Materials, see Title 18 U.S.C.A.
505
664
U. S. SUPREME COURT REPORTS
22 L Ed 2d
[394 US 705]
ROBERT WATTS, Petitioner,
V
UNITED STATES
394 US 705, 22 L Ed 2d 664, 89 S Ct 1399
[No. 1107, Misc.]
April 21, 1969
SUMMARY
During a public rally on the Washington Monument grounds, the de-
fendant, an 18-year-old boy, joined a gathering scheduled to discuss police
brutality. When one member of the group suggested that the young people
present should get more education before expressing their views, the de-
fendant responded: "They always holler at us to get an education. And
now I have already received my draft classification as I-A and I have got
to report for my physical this Monday coming. I am not going. If they
ever make me carry a rifle the first man I want to get in my sights is
L.B.J. They are not going to make me kill my black brothers." On the
basis of that statement, the defendant was convicted, in the United States
District Court for the District of Columbia, of violating a federal statute
making it a felony to knowingly and wilfully threaten the President. The
United States Court of Appeals for the District of Columbia affirmed.
(131 App DC 125, 402 F2d 676.)
On certiorari, the United States Supreme Court reversed, granted the
defendant's motion to proceed in forma pauperis, and remanded the case
with instructions for the entry of a judgment of acquittal. In a per curiam
opinion, expressing the view of five members of the court, it was held that
the defendant's conditional statement, taken in context, was political hy-
perbole rather than a true "threat" within the meaning of the statute.
DOUGLAS, J., concurring, stated that suppression of speech as an effective
police measure was an old, old device, outlawed by our Constitution.
FORTAS, J., joined by HARLAN, J., dissented on the ground that rul-
ings on the constitutionality and application of the statute should not have
been made without hearing.
WHITE, J., dissented without opinion.
STEWART, J., would have denied the petition for certiorari.
SUBJECT OF ANNOTATION
Beginning on page 988, infra
Validity and construction of federal statute (18 USC § 871)
punishing threats against the President
Briefs of Counsel, p 987, infra.
2d
WATTS V UNITED STATES
665
394 US 705, 22 L Ed 2d 664, 89 S Ct 1399
HEADNOTES
Classified to U. S. Supreme Court Digest, Annotated
Constitutional Law § 927.5 - threat-
Constitutional Law § 927.5; Statutes
ening the President
§ 108 - limited construction -
1. Taken in context, an 18-year-old
pure speech
boy's statement to a discussion group
3. A statute, such as 18 USC § 871
that he is not going to report for
(a) (prohibiting threats against the
military induction, and that "if they
President of the United States), which
ever make me carry a rifle the first
makes criminal a form of pure speech,
man I want to get in my sights is
must be interpreted with the com-
L.B.J.," constitutes constitutionally
mands of the First Amendment clear-
Annos
protected political hyperbole, rather
ly in mind; what is a threat must be
than a true "threat" against the Presi-
distinguished from what is constitu-
de-
dent of the United States in violation
tionally protected speech.
olice
of a federal statute prohibiting any
[See annotation, p. 988, infra]
eople
person from knowingly and wilfully
è de-
making any threat to take the life of,
Evidence § 419 - burden of proof -
And
or to inflict bodily harm upon, the
threatening the President
3 got
President of the United States (18
4. 18 USC § making it a
felony to knowingly and wilfully
they
USC § 871(a)), where both the boy and
threaten the President of the United
its is
his audience laughed after the state-
States, initially requires the govern-
n the
ment was made.
ment to prove a true "threat."
States
[See annotation, p. 988, infra]
[See annotation, p. 988, infra]
catute
Constitutional Law § 927.5 - threat-
The
Constitutional Law §§ 927, 927.5; Stat-
ening the President
utes § 108 - limited construction
rmed.
2. 18 USC § prohibiting any
- uninhibited debate
person from knowingly and wilfully
5. 18 USC § making it a
ed the
making any threat to take the life of,
felony to knowingly and wilfully
or to inflict bodily harm upon, the
threaten the President of the United
e case
President of the United States, is con-
States, must be interpreted against the
curiam
stitutional on its face.
background of a profound national
Id that
[See annotation, p. 988, infra]
commitment to the principle that de-
cal hy-
tute.
ffective
TOTAL CLIENT SERVICE LIBRARY REFERENCES
n.
16 AM JUR 2d, Constitutional Law §§ 144-149, 341-352
at rul-
US L ED DIGEST, Appeal and Error § 1701; Constitutional
ot have
Law §§ 927, 927.5; Evidence § 419; Statutes § 108
ALR DIGESTS, Constitutional Law § 792 (1) ; Statutes § 244
(4)
L ED INDEX TO ANNO, Constitutional Law; Statutes
ALR QUICK INDEX, Freedom of Speech and Press; Statutes;
Threats
ANNOTATION REFERENCES
Validity and construction of federal
2 L Ed 2d 1706, 11 L Ed 2d 1116, 16
statute (18 USC § 871) punishing
L Ed 2d 1053.
)
threats against the President. 22 L
Validity of legislation directed
Ed 2d 988.
against political, social, or industrial
The Supreme Court and the right of
propaganda deemed to be of a dan-
free speech and press. 93 L Ed 1151,
gerous tendency. 1 ALR 336, 20 ALR
1535, 73 ALR 1494.
666
U. S. SUPREME COURT REPORTS
22 L Ed 2d
bate on public issues should be unin-
Court, upon reversing a conviction for
hibited, robust, and wide-open, and
threatening the President of the
that it may well include vehement,
United States, in violation of 18 USC
caustic, and sometimes unpleasantly
§ will remand the case with
sharp attacks on government and pub-
instructions for the entry of a judg-
lic officials.
ment of acquittal, where the defend-
[See annotation, p. 988, infra]
ant's only offense was "a kind of very
Appeal and Error § 1701 - remanding
crude offensive method of stating a
with directions - acquittal
political opposition to the President."
6. The United States Supreme
[See annotation, p. 988, infra]
Briefs of Counsel, p 987, infra.
OPINION OF THE COURT
Per Curiam.
sponded: "They always holler at us
After a jury trial in the United
to get an education. And now I
States District Court for the District
have already received my draft
of Columbia, petitioner was con-
classification as 1-A and I have got
victed of violating a 1917 statute
to report for my physical this Mon-
which prohibits any person from
day coming. I am not going. If
"knowingly and willfully
they ever make me carry a rifle the
[making] any threat to take the life
first man I want to get in my sights
of or to inflict bodily harm upon the
is L. B. J." "They are not going to
President of the United States
make me kill my black brothers."
"t The incident
On the basis of this statement, the
[394 US 706]
jury found that petitioner had com-
which led to
mitted a felony by knowingly and
petitioner's arrest occurred on Au-
willfully threatening the President.
gust 27, 1966, during a public rally
The United States Court of Appeals
on the Washington Monument
for the District of Columbia Circuit
grounds. The crowd present broke
affirmed by a two-to-one vote. 131
up into small discussion groups and
App DC 125, 402 F2d 676 (1968).
petitioner joined a gathering sched-
We reverse.
uled to discuss police brutality.
Most of those in the group were
[1] At the close of the Govern-
quite young, either in their teens or
ment's case, petitioner's trial coun-
early twenties. Petitioner, who him-
sel moved for a judgment of acquit-
self was 18 years old, entered into
tal. He contended that there was
the discussion after one member of
"absolutely no evidence on the basis
the group suggested that the young
of which the jury would be entitled
people present should get more edu-
to find that [petitioner] made a
cation before expressing their views.
threat against the life of the Presi-
According to an investigator for the
dent."
Army Counter Intelligence Corps
[394 US 707]
who was present, petitioner re-
He stressed the fact that
t 18 USC § 871 (a) provides:
to the office of President of the United
"Whoever knowingly and willfully depos-
States, or the Vice President-elect, or
its for conveyance in the mail or for a de-
knowingly and willfully otherwise makes
livery from any post office or by any letter
any such threat against the President,
carrier any letter, paper, writing, print,
President-elect, Vice President or other of-
missive, or document containing any threat
ficer next in the order of succession to the
to take the life of or to inflict bodily harm
office of President, or Vice President-elect,
upon the President of the United States,
shall be fined not more than $1,000 or im-
the President-elect, the Vice President or
prisoned not more than five years, or both."
other officer next in the order of succession
Ed 2d
WATTS V UNITED STATES
667
394 US 705, 22 L Ed 2d 664, 89 S Ct 1399
tion for
petitioner's statement was made dur-
1918) (emphasis supplied) ; cf.
of the
ing a political debate, that it was
Pierce V United States, 365 F2d 292
18 USC
expressly made conditional upon an
(CA
se with
event-induction into the Armed
[394 US 708]
a judg-
Forces-which petitioner vowed
10th Cir 1966). The majority
defend-
would never occur, and that both
below seemed to agree. Perhaps
of very
petitioner and the crowd laughed
this interpretation is correct, al-
ating a
after the statement was made. He
though we have grave doubts about
ident."
concluded, "Now actually what hap-
it. See the dissenting opinion below,
fra]
pened here in all this was a kind of
131 App DC, at 135-142, 402 F2d, at
very crude offensive method of stat-
686-693 (Wright, J.). But what-
ing a political opposition to the Pres-
ever the "willfullness" requirement
Annos
ident. What he was saying, he says,
implies the statute initially requires
er at us
I don't want to shoot black people
the Government to prove a true
now I
because I don't consider them my
"threat." We do not believe that
V draft
enemy, and if they put a rifle in my
the kind of political hyperbole in-
ave got
hand it is the people that put the
dulged in by petitioner fits within
is Mon-
rifle in my hand, as symbolized by
that statutory term. For we must
ing. If
the President, who are my real en-
interpret the language Congress
rifle the
emy." We hold that the trial judge
chose "against the background of
(y sights
erred in denying this motion.
a profound national commitment to
going to
the principle that debate on public
"others."
[2, 3] Certainly the statute under
issues should be uninhibited, robust,
ent, the
which petitioner was convicted is
and wide-open, and that it may well
had com-
constitutional on its face. The Na-
include vehement, caustic, and some-
ngly and
tion undoubtedly has a valid. even
times unpleasantly sharp attacks on
'resident.
an overwhelming, interest in pro-
government and public officials."
Appeals
tecting the safety of its Chief Exec-
New York Times Co. V Sullivan, 376
a Circuit
utive and in allowing him to perform
US 254, 270, 11 L Ed 2d 686, 701,
ote. 131
his duties without interference from
84 S Ct 710, 95 ALR2d 1412 (1964).
; (1968).
threats of physical violence. See
The language of the political arena,
H. R. Rep No. 652, 64th Cong, 1st
like the language used in labor dis-
Sess (1916). Nevertheless, a stat-
putes, see Linn V United Plant
Govern-
ute such as this one, which makes
Guard Workers of America, 383 US
rial coun-
criminal a form of pure speech, must
53, 58, 15 L Ed 2d 582, 587, 86 S Ct
of acquit-
be interpreted with the commands
657 (1966), is often vituperative,
here was
of the First Amendment clearly in
abusive, and inexact. We agree with
the basis
mind. What is a threat must be
petitioner that his only offense here
e entitled
distinguished from what is consti-
was "a kind of very crude offensive
made a
tutionally protected speech.
method of stating a political opposi-
the Presi-
tion to the President." Taken in
[4, 5] The judges in the Court of
context, and regarding the express-
Appeals differed over whether or not
ly conditional nature of the state-
fact that
the "willfullness" requirement of the
ment and the reaction of the listen-
statute implied that a defendant
the United
ers, we do not see how it could be
must have intended to carry out his
nt-elect, or
interpreted otherwise.
wise makes
"threat." Some early cases found
! President,
the willfullness requirement met if
[6] The motion for leave to pro-
or other of-
the speaker voluntarily uttered the
ceed in forma pauperis and the peti-
ession to the
charged words with "an apparent
tion for a writ of certiorari are
sident-elect,
determination to carry them into
1,000 or im-
granted and the judgment of the
irs, or both."
execution." Ragansky V United
Court of Appeals is reversed. The
States, 253 F 643, 645 (CA7th Cir
case is remanded with instructions
668
U. S. SUPREME COURT REPORTS
22 L Ed 2d
that it be returned to the District
Mr. Justice Stewart would deny
Court for entry of a judgment of
the petition for certiorari.
acquittal.
Mr. Justice White dissents.
It is so ordered.
SEPARATE OPINIONS
[394 US 709]
people was indicted for "compassing
Mr. Justice Douglas, concurring.
and imagining the death of the
King," 79 Eng Rep 706 (1477)-
The charge in this case is of an
the crime of constructive treason¹
ancient vintage.
with which the old reports are filled.
The federal statute under which
(394 US 710]
petitioner was convicted traces its
In the time of Charles II, one
ancestry to the Statute of Treasons
Edward Brownlow was indicted "for
(25 Edw 3) which made it a crime
speaking these words, that he
to "compass or imagine the Death
wished all the gentry in the land
of
the King." Note, Threats
would kill one another, so that the
to Take the Life of the President, 32
comminalty might live the better."
Harv L Rev 724, 725 (1919). It is
3 Middlesex County Rec 326 (1888).
said that one Walter Walker, a 15th
In the same year (1662) one Robert
century keeper of an inn known as
Thornell was indicted for saying
the "Crown," was convicted under
"that if the Kinge did side with the
the Statute of Treasons for telling
Bishops, the divell take Kinge and
his son: "Tom, if thou behavest
the Bishops too." Id., at 327.
thyself well, I will make thee heir
to the CROWN." He was found
While our Alien and Sedition
guilty of compassing and imagining
Laws were in force, John Adams,
the death of the King, hanged,
President of the United States, en
drawn, and quartered. 1 J. Camp-
route from Philadelphia, Pennsyl-
bell, Lives of the Chief Justices of
vania, to Quincy, Massachusetts,
England 151 (1873).
stopped in Newark, New Jersey,
where he was greeted by a crowd
In the time of Edward IV, one
and by a committee that saluted him
Thomas Burdet who predicted that
by firing a cannon.
the king would "soon die, with a view
to alienate the affections" of the
A bystander said, "There goes the
1. The prosecution in those cases laid
his NATURAL DEATH; which being a hidden
bare to the juries that the treasonous
operation of the mind, an overt act is any
thoughts were the heart of the matter;
thing which legally proves the existence of
"the original of his Treasons proceeded
such traitorous design and intention-I say
from the imagination of his heart; which
that the design against the king's natural
imagination was in itself High-Treason,
life, is the high treason under the first
albeit the same proceeded not to any overt
branch of the statute; and whatever is evi-
fact: and the heart being possessed with
ence, which may be legally laid before a
the abundance of his traitorous imagina-
jury to judge of the traitorous intention, is
tion, and not being able so to contain itself,
a legal overt act; because an overt act is
burst forth in vile and traitorous Speeches,
nothing but legal evidence embodied upon
and from thence to horrible and heinous
the record." Trial of Thomas Hardy, 24
actions." Trial of Sir John Perrot, 1 How
How St Tr 199, 894 (1794). And see 84
St Tr 1315, 1318 (1592). "[T]he high
Eng Rep 1057 (1708).
treason charged, is the compassing or
For a discussion of the adequacy of mere
imagining (in other words, the intending
words as overt acts see 3 W. Holdsworth,
or designing) the death of the king; I mean
History of English Law 293 (1927).
Ed 2d
WATTS V UNITED STATES
669
deny
394 US 705, 22 L Ed 2d 664, 89 S Ct 1399
President and they are firing at his
and if I had the power I would put
ass." Luther Baldwin was indicted
him there," Clark V United States,
for replying that he did not care "if
250 F 449 (CA5th Cir 1918).
they fired through his ass." He was
In sustaining an indictment under
convicted in the federal court for
the statute against a man who indi-
speaking "seditious words tending
cated that he would enjoy shooting
to defame the President and Govern-
President Wilson if he had the
assing
ment of the United States" and
chance, the trial court explained the
of the
fined, assessed court costs and ex-
thrust of § 871.
177)-
penses, and committed to jail until
"The purpose of the statute was
eason¹
the fine and fees were paid. See
J. Smith, Freedom's Fetters 270-
undoubtedly, not only the protection
filled.
274 (1956).
of the President, but also the pro-
Annos
hibition of just such statements as
I, one
The Alien and Sedition Laws con-
those alleged in this indictment.
ed "for
stituted one of our sorriest chapters;
The expression of such direful inten-
at he
and I had thought we had done with
tions and desires, not only indicates
e land
them forever.2
a spirit of disloyalty to the nation
at the
[394 US 711)
bordering upon treason, but is, in a
etter."
Yet the present statute has hard-
very real sense, a menace to the
1888).
ly fared better. "Like the Statute
peace and safety of the country.
Robert
of Treasons, section 871 was passed
It arouses resentment
saying
in a 'relatively calm peacetime
[394 US 712]
ith the
spring,' but has been construed un-
and
ge and
der circumstances when intolerance
concern on the part of patriotic
:7.
for free speech was much greater
citizens." United States V Jasick,
than it normally might be." Note,
252 F 931, 933 (DC ED Mich 1918).
edition
Threatening the President: Pro-
Suppression of speech as an effective
Adams,
tected Dissenter or Political Assas-
police measure is an old, old device,
tes, en
sin, 57 Geo LJ 553, 570 (1969).
outlawed by our Constitution.
ennsyl-
Convictions under 18 USC § 871
usetts,
Mr. Justice Fortas, with whom
have been sustained for displaying
Jersey,
Mr. Harlan joins, dissenting.
crowd
posters urging passersby to "hang
[President] Roosevelt." United
The Court holds, without hearing,
ed him
States V Apel, 44 F Supp 592, 593
that this statute is constitutional
(DC ND Ill 1942) ; for declaring that
and that it is here wrongly applied.
"President Wilson ought to be killed.
Neither of these rulings should be
oes the
It is a wonder some one has not done
made without hearing, even if we
a hidden
it already. If I had an opportunity,
assume that they are correct.
t is any
I would do it myself." United States
Perhaps this is a trivial case be-
tence of
V Stickrath, 242 F 151, 152 (DC
n-I say
cause of its peculiar facts and be-
natural
SD Ohio 1917) ; for declaring that
cause the petitioner was merely
he first
"Wilson is a wooden-headed son of
given a suspended sentence. That
r is evi-
a bitch. I wish Wilson was in hell,
does not justify the Court's action.
before a
ntion, is
2. "In the Sedition Act cases, the ten-
birthright-was severely punished; yet this
t act is
dency of words to produce acts against
practice manifestly has only a remote tend-
ed upon
the peace and security of the community
ency to injure and bring into contempt the
ardy, 24
was stretched to its utmost latitude. Like-
government of the United States. In short,
1 see 84
wise, judges and juries, in their willingness
much that has become commonplace in
to presume evil intent on the part of Re-
American Political Life was put under the
of mere
publican writers, largely nullified the safe-
ban by the Federalist lawmakers and
Isworth,
guards erected by the Sedition Act itself.
judges of 1798." J. Miller, Crisis in Free-
).
Criticism of the President and Congress-
dom, 233 (1951).
in which every American indulges as his
670
U.S. SUPREME COURT REPORTS
22 L Ed 2d
It should induce us to deny cer- merits and to adjudicate the difficult
tiorari, not to decide the case on its questions that it presents.
EDITOR'S NOTE
An annotation on "Validity and construction of federal statute (18 USC
§ 871) punishing threats against the President," appears p. 988, infra.
PAGE
7
2ND STORY of Level 1 printed in FULL format.
Copyright 1992 The Houston Chronicle Publishing Company
The Houston Chronicle
November 20, 1992, Friday, 2 STAR Edition
SECTION: A; Pg. 11
LENGTH: 355 words
HEADLINE: GOPs abandon plan for Clinton bull's-eye
BYLINE: PETER MITCHELL; Orlando Sentinel
DATELINE: ORLANDO, Fla.
BODY:
ORLANDO, Fla. -- A right-wing young Republican group, bowing
to pressure from the U.S. Secret Service, backed away Thursday from
plans to use enlarged photos of President -elect Clinton as targets
for a weekend turkey shoot.
""They came down hard on us, saying we threatened the
president, things like that, said David Abrami, vice president of
Central Florida Young Republican Club. ""So we canceled it.
The event, planned for Saturday, would have been the club's
second ""turkey shoot'' fund-raiser. But this one had a new twist:
a bull's-eye target of Clinton's face.
For a $ 2 donation, participants could fire a shotgun at the
target. The person closest to the bull's-eye -- Clinton's right
cheek -- would win a turkey.
""This will be fun for the entire family, Abrami said in a
press release publicizing the event. ""There will be food, drink
and fun for all.
Plans for the fund-raiser went awry when the Secret Service
learned about it. An agent in Orlando contacted the U.S. Attorney's
Office to see if it violated any laws.
It didn't, Assistant U.S. Attorney Tom Turner said.
""It has to be an actual threat to do imminent harm,' Turner
said. ""In the context of it all, it looks like extremely bad
taste, but it doesn't appear to be against the law. I would say it
appears to be protected free speech.
But when Abrami, a 22-year-old senior at the University of
Central Florida, heard the Secret Service was investigating, he was
worried. Thursday morning, he spoke with the Secret Service, then
decided to cancel the event.
Nevertheless, Abrami contends no harm was intended, despite
protests from area Democrats.
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8
The Houston Chronicle, November 20, 1992
""We just figured he's head of the Democratic Party right
now, and we're Republicans, said Abrami, who thought of placing
Clinton's face on the targets. "We thought it would be a nice
parody. We didn't mean any ill will by it.
The Central Florida Young Republican Club, a rival of the
more centrist Orange County Young Republicans, has a mailing list
of about 350 members. They raised about $ 2,000 with last year's
turkey shoot.
LANGUAGE: ENGLISH
LOAD-DATE-MDC: November 21, 1992
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Newsday, November 25, 1992
Turkeys Shoot
The Central Florida Young Republican Club may not be eating turkey for
Thanksgiving. Crow would be more like it. Members of the right-wing group found
themselves in a stew with the Secret Service after they planned to use a
photo of President -elect Bill Clinton as a target for a weekend turkey
shoot. Promoting the event as "fun for the entire family," they gave entrants
the chance to fire a shotgun at the target for a $ 2 donation. The person who
hit closest to the bulls-eye - Clinton's right cheek - was going to win a
turkey. The club's vice-president, David Abrami, said the club didn't mean any
harm. "We're Republicans, SO we figured it would be a nice little parody to
shoot at the head of the Democratic party. Unfortunately, some people got bent
out of shape." Including the Secret Service. "The [Secret Service] guy basically
yelled at me for 20 minutes," said Abrami, a New York native, acknowledging that
the event had been called off. "He said I hadn't broken any laws yet, but that
they're continuing to investigate and if they found that I had broken any laws
they would come down and arrest me."
Fast Facts
AL D'LA DEE DA: On Monday night, everyone who ever wanted Al D'Amato to be
Senator D'Amato one or more times was thrilled to be invited to Laura Belle to
celebrate his victory. Why were all those Republicans and more than a smattering
of Dems thrilled? Because as Al the pol pal said, "I bet you can't believe
you're at a political party you didn't have to pay to attend. Not only were
they surprised, but ambulances were lined up to haul away victims of severe
shock
BLEEDING HEART COMEDIANS: Penn & Teller will make a disgusting
dessert from their new book, "How to Play with Your Food," at Trattoria
dell'Arte today. The comedians will prepare their personal favorite, Bleeding
Heart dessert, for lunchtime patrons. It's got liquid Jell-0 and it oozes and
makes you want to projectile vomit. Aside from that, they shouldn't play with
their food.
THAT'S WHY THEY CALL IT THE BLUES: On Monday night, maybe 7 million people
(including onlookers) poured onto a tiny street in Cambridge, Mass., to
celebrate the opening of The House of Blues, owned by an original Blues Brother,
Dan Aykroyd, plus partners River Phoenix and Isaac Tigrett (he's the guy who
opened the original Hard Rock Cafes. This is not NYC, 50 everyone in the state
turned out - including the governor, William Weld. Since they want the joint to
be memorable, the owners figured they'd have the Blues Bros. put their
hand-and-footprints in blue cement out front. Aykroyd figured that his butt,
which alone requires maybe several yards of concrete, was more appropriate. So
that's what he did, here with members of the band. Every Delta blues musician
who's still alive showed up and jammed till 2 in the morning, and 50 did the
surviving members of Blues Brothers band. Joining the band as a surprise guest
was Jason Starkey, Ringo Starr's son. What was he doing there? His mom, Maureen
Starkey, is married to Tigrett. Joe Walsh (The Eagles), Paul Rogers (Bad
Company), Paul Shaffer and Joey McIntyre (New Kids), as well as Tom Hamilton and
Joey Kramer of Aerosmith all showed. Giving a whole new dimension to "Do you
come here often?," the Aerosmith guys were walking around the joint carrying
house condoms. Yes, first there was house Scotch - now places have condoms with
their own imprints.
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Maggie Williams (Subject Files)
OA/Box Number: 10815
FOLDER TITLE:
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b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office |(a)(2) of the PRA
b(2) Release would disclose internal personnel rules and practices of
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financial information |(a)(4) of the PRA]
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P5 Release would disclose confidential advice between the President
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P6 Release would constitute a clearly unwarranted invasion of
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PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells |(b)(9) of the FOIA]
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piecret
THE WHITE HOUSE
WASHINGTON
March 14, 1994
TO:
(b)(7)c, (b)(6)
Uniformed Division
United States Secret Service
FROM:
Pam Barnett, Executive Assistant to the First Lady
PamBainett
On Friday, March 11, at approximately 6:45 p.m., I was
leaving the White House via the East Appointments Gate. There
were three large gentlemen dressed in casual clothing "hanging
out" by the turnstile. As staff passed through the turnstile,
one of them, who either was under the influence of alcohol or
Rush Limbaugh, was yelling in a challenging manner at staff that
passed through the turnstile, "What do you do in there, I just
want to know what you do in there?" Everyone, including the sole
officer in the guard house, thought this was very funny. When I
replied that what I did was not want to be harassed by visitors
to the White House, he screamed at me, "She must be one of the
shredders."
I have a very good sense of humor, but I did not find this
funny, particularly with the thought that this guy might just
follow me down the street. I do not know what responsibility
your officers have for the protection of White House staff, but I
sense that if these guys did not look like prosperous subur-
banites, they would have been removed from the area. The officer
was alone at the time and may have been impeded from taking
action because of that. I do not know. But in this highly
charged political atmosphere, I would like to feel safer when I
leave the complex.
Thank you for your attention.
CC: Mack McLarty
Maggie Williams
File Secret
Service
MEMORANDUM
TO:
David Watkins
Patsy Thomasson
FROM:
Ann Stock
DATE:
December 15, 1993
For the past few months, this office has been experiencing
so many problems with WAVES that I feel I must come to you
for guidance.
It becomes very embarrassing when people who have already been
cleared in to meet with me, CALL ON THE APPOINTED TIME TO NOTIFY
ME THAT THEY ARE STRANDED AT THE GATE.
If this was my only cause for complaint, I would try another
avenue to correct it, but, I am now facing a much more
perplexing problem.
With the approaching holidays, we have had to add many people
on a volunteer basis to handle the work load. Rather than
call WAVES daily it was thought to print the lists from the
11th of December thru the 30th.
First a call was placed to WAVES to ensure this would be
acceptable, the list was fax'd and another call was placed
to make sure the list was received.
On the first day, which happened to be a Saturday, none of
these people were cleared. The same for Sunday and the same
for Monday. Telephone calls to WAVES uncovered the following:
All lists must be typed, not printed. We were not
advised of this when our first call was made.
Each date must be on a separate sheet of paper
so they can be filed by date. We were not
advised of this also.
I am very anxious to discuss this problem with you. We must
must come up with a workable solution to eliminate this most
troublesome problem.
CC M. McLarty
M. Williams
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P5 Release would disclose confidential advice between the President
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P6 Release would constitute a clearly unwarranted invasion of
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b(7) Release would disclose information compiled for law enforcement
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C. Closed in accordance with restrictions contained in donor's deed
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of gift.
financial institutions |(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
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First Lady's Office
Maggie Williams (Subject Files)
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FOLDER TITLE:
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Freedom of Information Act - 15 U.S.C. 552(b)]
P1 National Security Classified Information |(a)(1) of the PRA]
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b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
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and his advisors, or between such advisors |a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes |(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions |(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
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Maggie Williams (Subject Files)
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financial information |(a)(4) of the PRA|
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information |(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRAJ
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy |(a)(6) of the PRAJ
b(7) Release would disclose information compiled for law enforcement
purposes |(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions |(b)(8) of the FOIA|
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells |(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
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Clinton Library
DOCUMENT NO.
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006d. memo
To John Magaw from Ronald K. Noble re: Secret Service (copy of
09/01/93
b(7)(C), b(7)(E), b(6)
006b) (1 page)
COLLECTION:
Clinton Presidential Records
First Lady's Office
Maggie Williams (Subject Files)
OA/Box Number: 10815
FOLDER TITLE:
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2013-0359-S
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RESTRICTION CODES
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Freedom of Information Act [5 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRA
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P2 Relating to the appointment to Federal office |(a)(2) of the PRA
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA|
an agency ((b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
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financial information |(a)(4) of the PRA|
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P5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRAJ
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P6 Release would constitute a clearly unwarranted invasion of
personal privacy |(b)(6) of the FOIA]
personal privacy |(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes |(b)(7) of the FOIA)
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
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financial institutions [(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells |(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
House
Time May 10 93
HUGO TIME PICTURE COLLECTION
GRAPEVINE
DIANA TIME
By CHRISTOPHER JOHN FARLEY
Cleaning House
IT'S SPRING-CLEANING TIME AT THE WHITE HOUSE, AND SOME
staffers seem likely to be swept away. An outside consultant
will be there this week to scrutinize personnel in the West and
East Wings and to make recommendations on who should go
and who should stay. Coming under inspection will be the
ushers' office (responsible for the residence's day-to-day oper-
ation) as well as the staff of JOHN W. MAGAW, who's headed the
Secret Service since the Bush era (some of his agents might be
$$ FOR THE SS
transferred). The staff rejiggering will result in a White House
Fashion Statement
Do these Nazis deserve
more closely tailored to its current occupants.
One of the hottest
cash benefits?
Continental Drift
accoutrements among the
White House press corps is a
TWO MAJOR INVESTORS IN CONTINENTAL AIRLINES AND NORTH-
little black-and-white
west Airlines are quietly talking merger. DAVID BONDERMAN,
sticker that reads,
whose investor group controls 28.7% of Continental Airlines,
CYNTHIA JOHNSON FOR TIME
HE'S RUNNING A FEW MINUTES LATE.
and RICHARD c. BLUM, a key Northwest Airlines board mem-
The "he" is none
ber, recently held a secret meeting in the very conspicuous
other than President Clinton,
Hotel Bel-Air in Los Angeles. If the two can work out the
who is perpetually and
snags-such as the fact that Air Canada owns a chunk of Con-
notoriously behind schedule.
tinental-Bonderman and Blum could make a deal that would
Above, White House
shake up the airline industry.
communications director
George Stephanopoulos
A Pension Plan for Nazi Followers
models a sticker.
Moments after the camera
FIFTY YEARS AFTER WORLD WAR II, THE THIRD REICH'S CRACK
clicked, Stephanopoulos
troops are cashing in. Many Czechs, Poles and other East Eu-
remembered his political
CAT-ALOGING CLINTON
ropeans served in Hitler's SS but hid their past after the end of
instincts and, with a laugh,
In all the punditry about
World War Il for fear of retribution from ruling communist
pulled the sticker off.
Clinton's first 100 days,
governments. Now that communism is fading. SS veterans are
something has been
going public to collect pensions from the German government.
missed: Socks, the First
Germany's social security system has awarded $190-a-month
Cat, is having as miser-
payments (a small fortune in the Baltics) to more than 250 dis-
able a start as the Presi-
abled SS veterans in Lithuania, Latvia and Estonia. Says Lat-
VOX POP
dent. Is there a connec-
vian SS veteran and pension receiver Boris Mikhailov: "Thank
tion? You decide:
you, Germany. thank you.' Latvian Jews who survived the Ho-
Have you ever had a
locaust, it should be noted. haven't got a red cent.
dream about
Clinton Administration
Yes
paralyzed by issue of gays
in military.
Hitler's Body
Bill Clinton
2%
Socks nearly hangs him-
ON MAY 25 NBC WILL AIR A SPECIAL ON THE KGB ALLEGING
self with own leash.
that YURI ANDROPOV, when he was the Soviet spy chief, knew
Another
where the body of Adolf Hitler was buried. Excerpts from a
President
10%
Clinton snippy to aides in
1970 Andropov memo: "In Feb. 1946 in the city of Magdeburg
From a telephone poli of 1.000 adult Americans
public.
[G.D.R.]
the bodies of Hitler, Eva Braun, Goebbels, his wife
taken for TIME/CNN on April 28-29 by Yankelovich
Partners Inc. Sampling error IS = 3%
Cats magazine says Socks
and children were buried
I would consider it expedient to
not declawed.
remove the remains and destroy them by cremation."
Roger Clinton performs
Thou Shalt Not Steal (My Scotch)
with En Vogue.
Socks' sister Midnight does
DAVID KORESH WASN'T A REAL MESSIAH: HE COULDN'T TURN
WACO TRIBUNE
" RAI DISYGMA
layout in PEOPLE
water into wine, and perhaps that's why he so valued his pri-
NHOF
magazine.
vate stash of Scotch whisky. TIME has learned that three
Branch Davidian cultists who left Ranch Apocalypse before
Clinton indecisive on
the conflagration and surrendered were forced to leave by
stimulus package; initia-
Koresh for getting into the would-be prophet's Scotch cache.
ROD AYDE
tive dies in Congress.
At first Koresh punished the three-Kevin Whitecliff, Brad
Repor ts confirm Socks is
Branch and Oliver Gyarfas-by ordering them to bury a rot-
neutered.
ting corpse. Finally the Scotch-drinking cult leader had them
SCOTCH AND CHASER:
Waco
Koresh expelled this trio
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007a. memo
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08/28/93
b(6)
COLLECTION:
Clinton Presidential Records
First Lady's Office
Maggie Williams (Subject Files)
OA/Box Number: 10815
FOLDER TITLE:
Secret Service Info
2013-0359-S
ry1452
RESTRICTION CODES
Presidential Records Act [44 U.S.C. 2204(a)]
Freedom of Information Act 15 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRA|
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P2 Relating to the appointment to Federal office [(a)(2) of the PRAJ
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute |(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information |(b)(4) of the FOIA]
and his advisors, or between such advisors |a)(5) of the PRAJ
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy |(a)(6) of the PRA]
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions [(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells |(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
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DOCUMENT NO.
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007b. report
Re: USSS (1 page)
n.d.
b(6)
COLLECTION:
Clinton Presidential Records
First Lady's Office
Maggie Williams (Subject Files)
OA/Box Number: 10815
FOLDER TITLE:
Secret Service Info
2013-0359-S
ry1452
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Presidential Records Act - |44 U.S.C. 2204(a)]
Freedom of Information Act - 15 U.S.C. 552(b)|
P1 National Security Classified Information |(a)(I) of the PRA]
b(1) National security classified information |(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA|
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P4 Release would disclose trade secrets or confidential commercial or
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financial information |(a)(4) of the PRAJ
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors |a)(5) of the PRA|
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy |(a)(6) of the PRA|
b(7) Release would disclose information compiled for law enforcement
purposes |(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions [(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells |(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
Withdrawal/Redaction Marker
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
008a. memo
To Thomas F. McLarty from Ronald K. Noble re: Secret Service (3
09/02/93
b(7)(C), b(7)(E), b(6)
pages)
COLLECTION:
Clinton Presidential Records
First Lady's Office
Maggie Williams (Subject Files)
OA/Box Number: 10815
FOLDER TITLE:
Secret Service Info
2013-0359-S
ry1452
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - 15 U.S.C. 552(b)]
P1 National Security Classified Information |(a)(1) of the PRA|
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA]
an agency |(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information |(a)(4) of the PRA|
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA|
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy |(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA)
b(7) Release would disclose information compiled for law enforcement
purposes |(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions |(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells |(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
Withdrawal/Redaction Marker
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
008b. memo
To John W. Magaw from Ronald K. Noble re: Secret Service (1 page)
09/01/93
b(7)(C), b(7)(E), b(6)
COLLECTION:
Clinton Presidential Records
First Lady's Office
Maggie Williams (Subject Files)
OA/Box Number: 10815
FOLDER TITLE:
Secret Service Info
2013-0359-S
ry1452
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRAJ
b(1) National security classified information |(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office |(a)(2) of the PRA
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA]
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute |(b)(3) of the FOIA]
financial information |(a)(4) of the PRA|
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information |(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRAJ
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy |(b)(6) of the FOIA]
personal privacy |(a)(6) of the PRA|
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions |(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells |(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
SUNDAY, MAY 16, 1993
Arkansas Democrat hazette
PHOTOCOPY
PRESERVATION
Largest Circulation.In Arkansas
PARADE
Two out of every three Americans, according to
a Parade survey, say public education is failing,
and they want to do something about it:
'We Must Fix Our Schools'
WALTER SCOTT'S
PERSONALITY
PHOTOCOM
ESERVATIC
R
PARADE
Want the facts? Opinion? Truth? Write Walter Scott, Box 5001,
Grand Central Station, New York, N.Y. 10163-5001. Full name will be used
unless otherwise requested. Volume of mail makes personal replies impossible.
Q
I'm still in shock over
Does a foreign-owned company in America
how Brandon Lee-
pay the same taxes as an American-owned
Exley/Gammo
shot while filming "The Crow"
Barr
company?-Louis C. Dunn Sr., Ridge, Md.
-died in a mysterious way like
his father, martial-arts legend
A
State tax rates may differ for foreign and do-
Bruce Lee. Do you think it was
mestic businesses, but federal tax rates are the
foul play? Or was there some
same for all corporations chartered in the U.S., re-
kind of hex on the set?-Hubert
gardless of the owner's nationality. Foreign corpora-
Chapman, New York, N.Y.
tions pay taxes only on their U.S. earnings, however
-and just to make sure Uncle Sam is getting what's
A
The shooting death of
coming to him, the IRS is known to keep a sharp eye
Brandon Lee at 28-
on those earnings.
Brandon Lee: Foul play
or victim of a curse?
four years younger than his fa-
ther's age when Lee Sr. died of
I love George Strait's music. How old was he
a brain edema in 1973-appears to have been a freak
when he started singing? Is he married? Any
accident. A .44 gun supposedly loaded with blanks
children?-Bobbie Jean Dorvall, Corning, Calif.
fired the tip of a dummy bullet through Brandon's
stomach, lodging in his spine. Even before his death,
Tatum and Mac before breakup: She got act together
A
When he was 18, Strait eloped with his high
however, there seemed to be a "curse" on the film set.
school sweetheart, Norma Boss. A year later,
A carpenter was burned, a construction worker drove
Q
Can you bring us up to date on the marital
he was teaching himself to sing and play the guitar
a screwdriver through his hand, and a disgruntled sculp-
problems of John McEnroe and Tatum
while serving in the Army. Now 40, the country music
tor smashed his car through the studio's plaster shop.
O'Neal? Are they still splitsville? Who has the chil-
star lives in San Antonio with his wife and son, George
dren? And is Tatum pursuing an acting career?-Jane
Jr., 11, whom he calls "Bubba." His daughter, Jenifer,
Ferguson/Globe
Cantrell, Monterey, Calif.
died nearly seven years ago in a car accident at age 13.
A
The single life seems to agree with Tatum, 29.
Since her separation from McEnroe, 34, she
Smeal/Galelia
has managed to get her act together in more ways than
one. Tatum works out with Madonna's trainer, Rob
Parr, and looks better than she has in years. She re-
cently filmed the NBC miniseries "Woman on the Run:
The Lawrencia Bembenek Story," scheduled to air to-
night. The children-Kevin, 7, Sean, 6, and Emily, 2
-reportedly live in New York City with their father.
Q
I am a huge fan of The Police. I would like to
know what drummer Stewart Copeland has
been up to since the rock group's last album in 1983.
Betsy and Gene at Oscars: He finally found contentment
Is Copeland married? And does he have any chil-
dren?-E. Crounse, Albuquerque, N.M.
Gene Hackman has won practically every
George Strait and wife, Norma, his high school sweetheart
award in the acting business. So why don't we
After six years with
read much about him? Is it because he's a balding,
Hinkes/Camera Press/Globe
A
The Police, Stewart
middle-aged character actor and the press doesn't con-
Copeland-son of a founder of
Q
Is there any truth to rumors making the rounds
sider him sexy enough?-Jean Day, Davenport, Iowa
the CIA-became a member
in Washington that Bill and Hillary Rodhan
Clinton have been getting on each other's nerves
of the group Animal Logic.
A
Hackman's talent has made him a favorite of
Have they been hollering at each other? And did the
Now 40, he has/given up the
the press, but the Oscar-winning actor prefers
life of a touring rock musician,
First Lady actually throw something at the Pres-
his privacy. He took a break from performing from 1977
and just to make sure Uncle Sam is getting what'
A
The shooting death of
coming to him, the IRS is known to keep a sharp eye
Brandon Lee at 28-
on those earnings.
Brandon Lee: Foul play
or victim of a curse?
four years younger than his fa-
PHOTOCOPY
PRESERVATION
ther's age when Lee Sr. died of
I love George Strait's music. How old was he
a brain edema in 1973-appears to have been a freak
when he started singing? Is he married? Any
accident. A .44 gun supposedly loaded with blanks
children?-Bobbie Jean Dorvall, Corning, Calif.
fired the tip of a dummy bullet through Brandon's
stomach, lodging in his spine. Even before his death,
Tatum and Mac before breakup: She got act together
A
When he was 18, Strait eloped with his high
however, there seemed to be a "curse" on the film set.
school sweetheart, Norma Boss. A year later,
A carpenter was burned, a construction worker drove
Can you bring us up to date on the marital
he was teaching himself to sing and play the guitar
a screwdriver through his hand, and a disgruntled sculp-
problems of John McEnroe and Tatum
while serving in the Army. Now 40, the country music
tor smashed his car through the studio's plaster shop.
O'Neal? Are they still splitsville? Who has the chil-
star lives in San Antonio with his wife and son, George
dren? And is Tatum pursuing an acting career?-Jane
Jr., 11, whom he calls "Bubba." His daughter, Jenifer,
Ferguson/Globe
Cantrell, Monterey, Calif.
died nearly seven years ago in a car accident at age 13.
A
The single life seems to agree with Tatum, 29.
Since her separation from McEnroe, 34, she
has managed to get her act together in more ways than
one. Tatum works out with Madonna's trainer, Rob
Parr, and looks better than she has in years. She re-
cently filmed the NBC miniseries "Woman on the Run:
The Lawrencia Bembenek Story," scheduled to air to-
night. The children-Kevin, 7, Sean, 6, and Emily, 2
-reportedly live in New York City with their father.
Q
I am a huge fan of The Police. I would like to
know what drummer Stewart Copeland has
been up to since the rock group's last album in 1983.
Betsy and Gene at Oscars: He finally found contentment
Is Copeland married? And does he have any chil-
dren?-E. Crounse, Albuquerque, N.M.
Gene Hackman has won practically every
George Strait and wife, Norma, his high school sweetheart
award in the acting business. So why don't we
Hinkes/Camera Press/Globe
A
After six years with
read much about him? Is it because he's a balding,
The Police, Stewart
Is there any truth to rumors making the rounds
middle-aged character actor and the press doesn't con-
Copeland-son of a founder of
sider him sexy enough?-Jean Day, Davenport, Iowa
the CIA-became a member
in Washington that Bill and Hillary Rodham
of the group Animal Logic.
Clinton have been getting on each other's nerves
A
Hackman's talent has made him a favorite of
Now 40, he has/given up the
Have they been hollering at each other? And did the
First Lady actually throw something at the Pres-
the press, but the Oscar-winning actor prefers
life of a touring rock musician,
his privacy. He took a break from performing from 1977
ident?-Alexandra Stolley, Cleveland, Ohio
however, and composes film
to 1981; divorced his wife of 30 years, Faye Maltese,
scores and operas. Divorced
in 1986; and had angioplasty to open his blood vessels
from Sonja Kristina, mother of
A
Those rumors-which is all they are-were
reportedly started by talkative Secret Service
in 1990. Two years ago, at 61, Hackman finally seemed
his four sons, he lives in Cal-
agents, who witnessed the Clintons having what might
to find personal contentment when he wed Betsy Ara-
ifornia with his second wife,
be called a "spirited discussion." But all available evi-
kawa, a concert pianist half his age who obviously con-
Copeland: Made musical
who is not in show-biz and
dence indicates that the Clintons, married since 1975,
siders this balding, middle-aged man "sexy enough."
move from rock to opera
wishes to remain anonymous.
have a good relationship, if at times an explosive one.
PARADE
R CHAIRMAN and PUBLISHER, Carlo Vittorini EDITOR, Walter Anderson
MANAGING EDITOR, Larry Smith DIRECTOR OF DESIGN, Ira Yoffe EXECUTIVE EDITOR, David Currier EDITOR AT LARGE, Lloyd Shearer SPECIAL CORRESPONDENT, Eddie Adams
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ART DIRECTOR, Jean Fujisaki PHOTO EDITOR, Miriam Lorentzen CONTRIBUTING EDITORS, Diane Ackerman, Cleveland Amory, Lisa Birnbach, James Brady, Jane Ciabattari,
THE SUNDAY NEWSPAPER MAGAZINE
Haskell Cohen, Bob Colacello, Ovid Demaris, Bernard Gavzer, David Halberstam, Larry L. King, Klein, Elinor Klein, Irls Love, Peter Maas, Norman Mailer, Lynn Minton,
Willie Morris, Michael O'Shea, Dotson Rader, Michael Ryan, Carl Sagan, AI Santoli, Marvin Scott, Tom Seligson, Gall Sheehy, Tad Szule, Wallace Terry, Michael erMeulen,
PRESIDENT, Frank McNulty
David Wallechinsky, Lally Weymouth LIFESTYLES EDITOR, Elizabeth Gaynor SENIOR DESIGN ASSOCIATES, Joy Jackson Childs, Joseph DiBlasi
SENIOR VICE PRESIDENT, Milton Lieberman
ASSOCIATE EDITOR, Renee Keller ARTICLES CORRESPONDENT, Amy Sivco WASHINGTON, Jack Anderson, bureau chief; Michael Bitstels CONSULTING EDITORS, Sey Chassler, John Frook
VICE PRESIDENTS, John Garvey, Fred Johnson, Carol Rafferty,
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Address aditorial contributions to: Articles, Parade, 750 Third Ave., New York, N.Y. 10017.
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All rights reserved. Reproduction is
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all Secret
PAGE 2 MAY 16, 1993 PARADE MAGA2
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Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
009. memo
To David Watkins, Margaret A. Williams, Isabelle R. Tapia from
09/09/93
b(7)(C), b(7)(E), b(6)
[special agent] re: protective measures (2 pages)
COLLECTION:
Clinton Presidential Records
First Lady's Office
Maggie Williams (Subject Files)
OA/Box Number: 10815
FOLDER TITLE:
Secret Service Info
2013-0359-S
ry1452
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Clinton Presidential Records
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Maggie Williams
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First Lady's Office
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Secret Service Info
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10815
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6/20/2012
of finnocence by association. Activists creat-
ed a core lobbying coalition called the Cam-
paign for Military Service that includes the
NAACP, the American Psychological As-
sociation and even the United Methodist
Church. which does not permit openly gay
clergy. Led by New York lawyer Tom Stod-
dard, the coalition hopes to raise $3 million,
spending two thirds of that on advertising.
A paid staff of 25 includes veterans of the
Clinton-Gore campaign, and an opposition
research team is digging up past state-
ments of pro-ban Senate witnesses to help a
"rapid response team" put out quick rebut-
tais to negative testimony. The coalition
has assigned all 100 senators a numerical
code ranging from 1 to 5 depending on their
likelihood of being supportive, targeting
most efforts on the 2s, 3s and 4s.
IRA WYMAN FOR NEWSWEEK
The thorniest problem for gay-rights
Living in the fishbowl: The First Lady with an agent deplaning in Little Rock
groups has been dealing with the public's
complicated attitudes about homosexual-
ity. Focus groups conducted for the coali-
The Not-So-Secret Service
tion by Democratic pollster Mark Mellman
showed that some people who favored the
ban changed their minds after seeing films
The Clintons are angry about leaks from agents
about servicemen and women being kicked
out for being gay. The key, strategists con-
cluded, was to focus on the issue of discrimi-
F
rom the beginning, the Clintons
Bill. One outlandish tale has an angry Hil-
nation and not attempt to justify the "life-
chafed at their Secret Service protec-
lary lighting a cigarette to trigger her hus-
style." Supporters of the ban will mouth
tion. Wherever the hyperactive Presi-
band's allergies-this from a woman who
arguments about showers and latrines, but
dent and First Lady roamed, men in suits
banned smoking in the White House.
when you really get down to it, it is about
wearing earpieces seemed to follow. The
There is no evidence to support any of
morality for them," says an adviser famil-
agents not only watched, apparently, but
the stories. White House spokesman
iar with the research. Several focus-group
listened-and talked. Although the Secret
George Stephanopoulos denies everything
participants also said they became more
Service is supposed to be discreet, rumors
from the home-front battles to dissension
tolerant about gays in the military after
about the Clintons' private life began mak-
with the Secret Service. "It's ill informed,
hearing news reports that homosexuality
ing the rounds in Washington. An angry
malicious, untrue gossip," he says, adding,
may be biologically determined. "If it's a
White House traced a couple of those ru-
"It's part of the air here." That much is
choice, then it is an immoral choice," the
mors to the guardians. NEWSWEEK has
true. When it comes to gossip, Washington
adviser says. But if it is not a choice, then it
learned that an official of the Treasury
is a small town. The late Alice Roosevelt
is really hard to hold people responsible."
Department, which oversees the Presiden-
Longworth kept a needlepoint pillow that
The coalition operates at one disadvan-
tial Protective Division, has delivered a
said, "If you haven't got anything good to
tage not shared by most protest movements:
threat: if the Secret Service doesn't back off
say about anyone, come and sit by me."
many of its supporters do not want to be
and button up, another federal agency will
Right-wing Republicans have been most
identified with the cause. An upcoming
be found to protect the First Family.
active in spreading the notion that Hillary
gay and lesbian march on Washington may
For the Secret Service, this is war. The
is the power in front of the throne, calling
impress Congress with its numbers-
agency doesn't want to surrender any of
the shots and cursing like a man. But even
organizers are predicting up to 1 million
its expanded authority. Ever since the
White House aides feed the rumor mill in a
demonstrators-but poses some potential
1981 attempt on Ronald Reagan's life,
can-you-top-this competition. The conser-
problems as well. If the public focuses on
agents have been stationed inside the
vative Washington Times last week traced
extreme participants like Queer Nation,
First Family's living quarters. Horrified at
the rumor about Hillary throwing a Bible
the coalition's efforts to showcase patriotic
the intrusion into their privacy, the Clin-
to stories about another First Lady, the
gay soldiers will be undermined. The gay-
tons shifted them to a second-floor outpost.
wife of a governor who has been accused of
rights groups have to keep the battle con-
Don Edwards, spokesman for the Secret
bullying her security guards.
tained to one front, while opponents will
Service, insists the agency was never
Rumors are a reality the Clintons will
seek to broaden the conflict to tap into a
threatened and' is not resisting anything."
have to learn to live with. But adjusting
deeper emotional discomfort with homo-
But he acknowledges that Clinton is an
to the ever-present Secret Service may
sexuals. As one retired general warned,
energetic, accessible president, and every-
be more difficult. Other presidents have
allowing gays openly in the military would
one is adjusting-some apparently better
learned to coexist. George Bush made a
be "a fast ticket to social acceptability."
than others. Like the waiter who shows
point of spending Christmas in the White
However sophisticated the lobbying effort,
displeasure by spitting in the soup, some
House instead of at Camp David so his
gay-rights activists know that they don't
agents apparently began telling tales of
agents could be with their families. Still,
have a chance unless they have aggressive
what might be called spirited discussions
living in the fishbowl of the White House is
and unwavering support from their most
between the Clintons. Pretty soon, Wash-
hard enough without worrying about a Se-
famous advocate: Bill Clinton.
ington dinner parties were buzzing with
cret Service that can't keep mum.
STEVEN WALDMAN with DANIEL GLICK,
stories of Hillary throwing-take your
ELEANOR CLIFT with
MARK MILLER and ELEANOR CLIFT in Washington
pick-a lamp, a briefing book or a Bible at
RICH THOMAS in Washington
NEWSWEEK APRIL 5, 1993 43
NATIONAL AFFAIRS
The Battle
of the
Gay Ban
As Senate hearings
begin, both sides are
stepping up the fight
W
hen Rep. Barney Frank arrived at a
meeting with gay activists in Wash-
ington last Thursday, he was dis-
mayed to find a pile of petitions protesting
the military ban on homosexuals. Peti-
tions, he explained to the puzzled audience,
are "the lowest level of the food chain in
persuading Congress." Throw them out,
Frank told the organizers. Frank's mes-
sage was clear: the gay community is now
LARRY DOWNING-NEWSWEEK
engaged in a formidable battle-and needs
Cramped quarters: The president on board the carrier Theodore Roosevelt
to use more effective weapons of Washing-
ton political warfare.
Military officials are gathering case his-
vided Capitol Hill with a deposition from
The Senate Armed Services Committee
tories of gay behavior in the armed services
Capt. Gregory Markwell, the commanding
8
hearings on the gay ban that begin this
in an attempt to prove rampant promiscui-
officer of Petty Officer Keith Meinhold,
week will reveal only the surface of a mas-
ty. Pro-ban advocates within the military
who won a court battle for reinstatement in
sive political fight. For weeks supporters
are prodding army investigators to release
January. Markwell made the disputed
and opponent of the ban have been organiz-
a film they have of army soldiers and civil-
claim that the gay sailor's presence was
ing behind-the-scenes lobbying campaigns
ians in Fort Hood, Texas, mutually mastur-
ruining morale at Moffett Field near San
using everything from tales of homosexual
bating in a latrine. Efforts to get copies of it
Francisco. Marines circulated.an article in
group sex among soldiers to focus groups
to make public have been unsuccessful, and
The Marine Corps Gazette penned by an
that will help shape slick advertising. Clin-
a senior army official says, "It's being pro-
officer who suggested disbanding the corps
ton's comments last week that he would
tected like the gold in Fort Knox." Rep. Joe
if homosexuals were permitted to serve
consider restricting gays to certain tasks
Barton, running for the Texas Senate seat,
openly. "The Marine Corps is about as far
within the military have complicated the
even tried to stage a photo opportunity
in the president's face as they could be
politics of the ban. Gay activists who had
touring the latrine. The Pentagon also pro-
without getting called in on charges of in-
organized what one ally called
subordination and treason," says James
Operation Lavender Storm to
Lavender Storm: Anti-ban activist Stoddard
Coster, a Pittsburgh-based Marine reserv-
lift the ban now say they must
WALLY McNAMEE FOR NEWSWEEK
ist who formed a lobbying group called
direct their lobbying at both
Straight Americans Military.
ends of Pennsylvania Avenue.
'Fascist perverts': A cadre of nonmilitary
To the distress of the White
activists has opened another front in the
House, Clinton friend and ad-
campaign to keep the ban. Conservative
viser David Mixner said on
activist Brooks McCarty set up a phone-
P
"Nightline" that he became
bank lobbying operation that he claims can
"literally sick to my stomach"
"handle more phone calls than the White
when he heard the president's
House and congressional switchboards
comments. On Friday the
combined." A group of former officers in-
White House hastily called to-
cluding at least four retired four-star gen-
gether gay activists to assure
erals, one of whom is a former chairman of
them that the president was
the Joint Chiefs of Staff, has formed the
still committed to ending dis-
Defense Readiness Council to lobby Con-
crimination. But a senior offi-
gress. Working in cooperation with such
cial claimed that the president
groups are less subtly titled organizations
had been surprised during a re-
like Back to the Closet, whose national co-
cent visit to the USS Theodore
ordinator is Harley David Belew, an asso-
Roosevelt at just how cramped
ciate of anti-abortion activist Randall Ter-
the quarters were.
ry. Belew has pledged that "We will not
The military has not been
stand idly by and watch the fascist perverts
shy about playing rough with
from hell sodomize our U.S. military."
its new commander in chief.
The gay community has tried a strategy
42
NEWSWEEK
APRIL
5,
1993