§ 871. Threats against President and successors to the Presidency

[tj2001]

http://www.law.cornell.edu/uscode/uscode18/usc_sec_18_00000871----000-.html

TITLE 18 > PART I > CHAPTER 41 >
§ 871. Threats against President and successors to the Presidency

(a) Whoever knowingly and willfully deposits for conveyance in the mail or for a delivery from any post office or by any letter carrier any letter, paper, writing, print, missive, or document containing any threat to take the life of, to kidnap, or to inflict bodily harm upon the President of the United States, the President-elect, the Vice President or other officer next in the order of succession to the office of President of the United States, or the Vice President-elect, or knowingly and willfully otherwise makes any such threat against the President, President-elect, Vice President or other officer next in the order of succession to the office of President, or Vice President-elect, shall be fined under this title or imprisoned not more than five years, or both.

(b) The terms “President-elect” and “Vice President-elect” as used in this section shall mean such persons as are the apparent successful candidates for the offices of President and Vice President, respectively, as ascertained from the results of the general elections held to determine the electors of President and Vice President in accordance with title 3, United States Code, sections 1 and 2. The phrase “other officer next in the order of succession to the office of President” as used in this section shall mean the person next in the order of succession to act as President in accordance with title 3, United States Code, sections 19 and 20.

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The Secret Service has traditionally interpreted this statute to also cover any online source - e.g., email, web pages, blogs.

http://www.secretservice.gov/field_offices.shtml

Time-sensitive or critical information should NOT be sent via email. Please contact your nearest field office by telephone if you need immediate assistance.

[Control-Z]

1. What about on pieces

of cardboard, and on news and radio programs?

'The Secret Service has traditionally interpreted this statute to also cover any online source - e.g., email, web pages, blogs.'

[cynatnite]

2. Well, a kid in high school did something threatening bush...

that was on posterboard a while back. Secret Service paid him a visit. I think it was for a project of sorts. They let him go, IIRC.

[tj2001]

4. Richard Humphreys got thirty-seven months for this:

http://openjurist.org/352/f3d/1175/united-states-v-humphreys

In the online chat, Humphreys stated:

HE IS NOW, HE FEARS ME SOMETHING TERRIBLE, GORE DOES TOO BECAUSE I PRAYED FOR A TIE IN THE ELECTION AND GOT IT WHEN THE GORE PEOPLE TOLD ME THAT IF I WANTED JUSTICE I NEEDED A DIFFERENT CANDIDATE, SAID TO THEM, "SO BE IT" GOT THE TIE AND DIFFERENT CANDIDATE, NOW GOING TO ASK BUSH FOR JUSTICE, AND IF I DON'T GET IT I AM GOING TO PRAY FOR A BURNING BUSH. GET IT? SO IF YOU HEAR THAT A MAN RUNS UP AND THROWS GASOLINE AND A MATCH TO BUSH YOU WILL KNOW THAT GOD DID SPEAK THROUGH THE BURNING BUSH. LOL

Even if "LOL" indicates Humphreys was "laughing out loud," as he contends, the district court did not commit clear error in finding Humphreys' chat room statement threatened the President. Humphreys knowingly and willfully made the statement and a reasonable person could view it as a serious expression of intent to inflict bodily harm. See Freeman, 176 F.3d at 578 (defining threat under § 875(c)).

[Poll_Blind]

3. Also, if a person has a good reason to contact them or the FBI, please don't hesitate.

Don't post a message on a forum about (whatever it is), don't Twitter about it, don't make a YouTube about it- just pick up the phone and call them to report the threat. I've probably seen almost a dozen messages over my years at DU where someone posts a "Should I call the FBI/Secret Service about this?" or something similar. Maybe once or twice the people did call and report the behavior, the rest were bullshitters just looking for attention or people who could have helped, but didn't for whatever reason.

So don't yammer about it, just do it. It's not like they're going to charge you $50 bucks if their investigation doesn't pan out.

On something unrelated to DU, almost 10 years ago I had a really good reason to contact the FBI. It freaked me out to do but I did. I don't know what I was expecting, really. I guess that agents would show up at my door or something with dark sunglasses and little curly wires snaking out of their ears and down their necks.

Instead, they talked with me on the phone for a bit and asked if I could e-mail them the particulars which I already had typed up. That was it. I didn't have to do anything more. A month or so later, the issue was dealt with. It was no hassle at all. I doubt I was the only person who'd contacted them in this particular case.

Especially now, in this really fucked up climate, hesitating to report something you genuinely feel is a threat could be the difference between people being hurt or killed...or not.

PB

[Control-Z]

5. I think you've hit on

something that I (and probably others) wasn't consciously aware was a roadblock to me. I think we all expect someone else to make that call. To file the complaint. To do something about it. Because, at least in part, we are afraid to do it ourselves.

[Ocracoker16]

6. good insight!