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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. LEXIS:NEXIS® LEXIS:NEXIS® LEXIS:NEXIS® lervices of Mead Data Central PAGE 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 EXIS® NEXIS LEXIS® NEXIS LEXIS:NEXIS® ervices of Mead Data Central. Inc. PAGE 5 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. EXIS:NEXIS® LEXIS®NEXIS® LEXIS:NEXIS® ervices of Mead Data Central Inc Withdrawal/Redaction Marker Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 005. memo To Chief of Secret Service from Pam Barnett re: [incident] (partial) (1 03/14/94 b(7)(C), b(6) 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 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 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. 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 Withdrawal/Redaction Marker Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 006a. memo To Mack McLarty from Ronald K. Noble re: Secret Service (1 page) 09/01/93 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 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 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 Marker Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 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) 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 006c. memo To Mack McLarty from Ronald K. Noble re: Secret Service (copy of 09/01/93 b(6) 006a) (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 [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 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 Marker Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 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: 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 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 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. 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 Withdrawal/Redaction Marker Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 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 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. Withdrawal/Redaction Marker Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 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 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)(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| 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 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 SENIOR COPY EDITOR, Martin Timins SENIOR EDITORS, Sara Brzowsky, Fran Carpentier, Herbert Kupferberg, Gael McCarthy, Bonnie St. Clair 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, Marcel Schloss, Theresa B. Sullivan EDITORIAL ASSISTANTS, Melissa Angel, Michael Anthony, Sharon Cappelson, Roberta Gardner, Anita Goss, Ronald M. Hillery, Gida Ingrassia, Lou Leventhal, Nita Modha, PUBLISHER EMERITUS, Warren 1. Reynolds Susan Pisman, Patricia Wolf FOOD EDITOR, Shella Lukins HEALTH EDITOR, Earl Ubell SPORTS EDITOR, Dick Schaap Address aditorial contributions to: Articles, Parade, 750 Third Ave., New York, N.Y. 10017. ©1993, Parade Publications, Inc., 750 Third Ave., New York, N.Y. All rights reserved. Reproduction is or in part of any article without permission is prohibited. "Ask Marlyn," "Bright Ideas," "Buy of the Week," Although reasonable care will be taken, $ not responsible for unsolicited material. "Fresh Valces," "In Step With," "Intelligence Report," "Laugh Parade," "On Parade," Personality Parade," "Simply Delicious" and "Walter Scott's Personality Parade" are all registered trademarks of Publications, Inc. all Secret PAGE 2 MAY 16, 1993 PARADE MAGA2 Withdrawal/Redaction Marker 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 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 h(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. Clinton Library Transfer Form Case #, if applicable Accession # Collection/Record Group Clinton Presidential Records Series/Staff Name Maggie Williams Subgroup/Office of Origin First Lady's Office Subseries Subject File Folder Title Secret Service Info OA Number 10815 Box Number Description of Oversized photograph of Presidential Protective Division with attached Post-It Item(s) Donor Information Last Name: First Name: Middle Name: Title: Affiliation: Phone (Wk): Phone (Hm): Street: City: State (or Country): Zip: Transferred to: Other Other (Specify): Last Box in Collection Transferred by: Brittany Cochran Transfer Point During Processing Date of Tranfer 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