Report of the President's Commission on the Assassination of President John F. Kennedy

Assassination a Federal Crime

At the time of the assassination there was no Federal criminal jurisdiction over the killing of President Kennedy. While conspiracy to injure a Federal officer had long been a Federal crime, murder of the President had never been covered by Federal law, so once it became reasonably clear the killing was the act of a single person, the State of Texas had exclusive jurisdiction. The Commission finds it anomalous that Congress has legislated in other ways touching upon the safety of the Chief Executive without making an attack on the President a crime; threatening harm to the President and advocacy of overthrow by assassination are already Federal offenses, as is murder of certain other Federal officers, and the Secret Service is authorized to arrest without warrant for certain offenses. The Commission agrees with the Secret Service that it should be authorized to make arrests without warrant for all offenses within its jurisdiction. There have been multiple prior efforts to make assassination a Federal crime, particularly after the assassination of President McKinley and the attempt on President-elect Franklin D. Roosevelt, including 1902 bills that passed both Houses but failed when the Senate refused to accept the conference report, and bills introduced immediately after President Kennedy’s assassination. The Commission recommends Congress adopt legislation punishing the murder, manslaughter, attempt, conspiracy, kidnapping, or assault of the President, Vice President, or other officer next in the order of succession, the President-elect, and the Vice-President-elect, whether or not the act is committed in the performance of official duties. Such a statute would also insure that any suspects arrested would be Federal prisoners, subject to Federal protection, and that the investigation would be conducted by Federal law enforcement officials.