Why is Biden denying Secret Service protection to RFK Jr.?

[ThatRobGuy]

Here is the actual law:

https://codes.findlaw.com/us/title-18-crimes-and-criminal-procedure/18-usc-sect-3056/

(7) Major Presidential and Vice Presidential candidates and, within 120 days of the general Presidential election, the spouses of such candidates.  As used in this paragraph, the term “major Presidential and Vice Presidential candidates” means those individuals identified as such by the Secretary of Homeland Security after consultation with an advisory committee consisting of the Speaker of the House of Representatives, the minority leader of the House of Representatives, the majority and minority leaders of the Senate, and one additional member selected by the other members of the committee.  The Committee shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App. 2).​

Campaign 2024 - Candidate Protection

The Secret Service does not determine who qualifies for protection, nor is the Secret Service empowered to independently initiate candidate protection. By law, major Presidential and Vice Presidential candidates, as identified by the Secretary of Homeland Security, are eligible for Secret...

www.secretservice.gov

Per their 2024 campaign page:

When determining whether a candidate for the Office of President or Vice President of the United States qualifies as a major candidate, the Secretary has broad discretion and may consider a variety of factors. These factors include, but are not limited to:

1. Whether the candidate has publicly announced his or her candidacy and has filed the appropriate documentation with the Federal Election Commission (FEC) and is in compliance with the Federal Election Campaign Act of 1971, as amended, and related laws;
2. Whether the candidate is actively campaigning on a national basis for the office for which his or her candidacy has been announced, as demonstrated by operating a national campaign apparatus, regularly appearing at public events in multiple states, producing and publishing campaign advertisements, and other similar indicia of a campaign;
3. A threat assessment conducted by the Secret Service of general or specific threats directed towards the candidate (for these purposes, “threats” should be defined as explicit threats of bodily harm to the candidate or indications of inappropriate behavior towards the candidate suggesting potential bodily harm);
4. Whether, during and within an active and competitive major party primary, the most recent average of established national polls, as reflected by the Real Clear Politics National Average or similar mechanism, the candidate is polling at 15% or more for 30 consecutive days;
5. Whether the candidate is the formal or de facto nominee of a major party for President or Vice President;
6. Whether the candidate is an independent or third-party candidate for President polling at 20% or more of the Real Clear Politics National Average for 30 consecutive days;
7. Whether the candidate is the Vice Presidential running mate of the above independent or third-party candidate.

Seems like terms like "major" and "may consider" and "include, but not limited to" are a tad disconcertingly vague. You'd think they'd have more specificity with regards to such matters.

You'd think a guy who has filed his paperwork, is actively campaigning in multiple states, has had polling that's 20%+, and has had 3 direct, targeted, quantifiable/documented threats would at least be worth consideration for it.

Keeping in mind, Obama got secret service over a year before the election (and before he was even his party's nominee) specifically because of a death threat he received. So if the bar "quantifiable threat" for gaining "early access" to a detail, it would seem that criteria has been met here.

 

[Arcangl86]

Campaign 2024 - Candidate Protection

The Secret Service does not determine who qualifies for protection, nor is the Secret Service empowered to independently initiate candidate protection. By law, major Presidential and Vice Presidential candidates, as identified by the Secretary of Homeland Security, are eligible for Secret...

www.secretservice.gov

Per their 2024 campaign page:

When determining whether a candidate for the Office of President or Vice President of the United States qualifies as a major candidate, the Secretary has broad discretion and may consider a variety of factors. These factors include, but are not limited to:

1. Whether the candidate has publicly announced his or her candidacy and has filed the appropriate documentation with the Federal Election Commission (FEC) and is in compliance with the Federal Election Campaign Act of 1971, as amended, and related laws;
2. Whether the candidate is actively campaigning on a national basis for the office for which his or her candidacy has been announced, as demonstrated by operating a national campaign apparatus, regularly appearing at public events in multiple states, producing and publishing campaign advertisements, and other similar indicia of a campaign;
3. A threat assessment conducted by the Secret Service of general or specific threats directed towards the candidate (for these purposes, “threats” should be defined as explicit threats of bodily harm to the candidate or indications of inappropriate behavior towards the candidate suggesting potential bodily harm);
4. Whether, during and within an active and competitive major party primary, the most recent average of established national polls, as reflected by the Real Clear Politics National Average or similar mechanism, the candidate is polling at 15% or more for 30 consecutive days;
5. Whether the candidate is the formal or de facto nominee of a major party for President or Vice President;
6. Whether the candidate is an independent or third-party candidate for President polling at 20% or more of the Real Clear Politics National Average for 30 consecutive days;
7. Whether the candidate is the Vice Presidential running mate of the above independent or third-party candidate.

Nvm. I misread the statute. But the easy answer is that nobody is entitled to the protection and the criteria you pointed out are discretionary, not mandatory.

 

[timothyu]

I would imagine that "same person trying to break into your house twice in one day" and "heavily armed guy impersonating federal agent showing up your event" certainly has to be worth consideration.

That would depend on whether it was isolated incidences or party intimidation.

 

[SavedByGrace3]

Eventually, they will eliminate all the competition and win the election by default.