More on the new Secret Service Dept.
Jan. 24th, 2006 08:27 am![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
pecuniumIt was late last night when I saw the new section of the PATRIOT Act, and clufairy_j asked the reasonable question, What's the difference between the Secret Service Uniformed Division (http://www.secretservice.gov/ud.shtml) and this new USSSUD?
I think it's here:
§ 605(a)(11) An event designated under section 3056(e) of title 18 as a special event of national significance
If we look we see that USC 18 § 3056(e)(1) reads: When directed by the President, the United States Secret Service is authorized to participate, under the direction of the Secretary of Homeland Security, in the planning, coordination, and implementation of security operations at special events of national significance, as determined by the President.
as well as
(d) In carrying out the functions pursuant to paragraphs (7) and (9) of subsection (a), the Secretary of Homeland Security may utilize, with their consent, on a reimbursable basis, the 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 Homeland Security may carry out the functions pursuant to paragraphs (7) and (9) of subsection (a) by contract.
So the limit of their power is to "events" determined by the president. And, whereas the Secret Service detail which travels with the president is limited (by numbers, more than jurisdiction, though the jurisdiction of the Secret Service is odd, they being the police arm of the Treasury) to those things which relate to protecting the president, and those officials designated as getting personal (or locational, in the case of missions, consulates and embassies) these guys get to enforce every single federal statute on the books.
Further, right now the Secret Service doesn't have anything more than sidearms and longarms. No battering rams, no jails, none of the infrastructure a police dept. has. With this they can commandeer, or HIRE (The Secretary of Homeland Security may carry out the functions pursuant to paragraphs (7) and (9) of subsection (a) by contract. ) someone to do it. So the situation where Blackwater was being used in New Orleans... looking at this they can be pulled in, deputized and let run loose.
By extention, looking at it, the same could be done for the protection detail, if "need" required it.
Some of which, these days, seem to be secret.
clufairy_j asked the reasonable question, What's the difference between the Secret Service Uniformed Division (http://www.secretservice.gov/ud.shtml) and this new USSSUD?I think it's here:
§ 605(a)(11) An event designated under section 3056(e) of title 18 as a special event of national significance
If we look we see that USC 18 § 3056(e)(1) reads: When directed by the President, the United States Secret Service is authorized to participate, under the direction of the Secretary of Homeland Security, in the planning, coordination, and implementation of security operations at special events of national significance, as determined by the President.
as well as
(d) In carrying out the functions pursuant to paragraphs (7) and (9) of subsection (a), the Secretary of Homeland Security may utilize, with their consent, on a reimbursable basis, the 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 Homeland Security may carry out the functions pursuant to paragraphs (7) and (9) of subsection (a) by contract.
So the limit of their power is to "events" determined by the president. And, whereas the Secret Service detail which travels with the president is limited (by numbers, more than jurisdiction, though the jurisdiction of the Secret Service is odd, they being the police arm of the Treasury) to those things which relate to protecting the president, and those officials designated as getting personal (or locational, in the case of missions, consulates and embassies) these guys get to enforce every single federal statute on the books.
Further, right now the Secret Service doesn't have anything more than sidearms and longarms. No battering rams, no jails, none of the infrastructure a police dept. has. With this they can commandeer, or HIRE (The Secretary of Homeland Security may carry out the functions pursuant to paragraphs (7) and (9) of subsection (a) by contract. ) someone to do it. So the situation where Blackwater was being used in New Orleans... looking at this they can be pulled in, deputized and let run loose.
By extention, looking at it, the same could be done for the protection detail, if "need" required it.
Some of which, these days, seem to be secret.
![[identity profile]](https://www.dreamwidth.org/img/silk/identity/openid.png){kind=small}
a-HA!
Date: 2006-01-24 07:21 pm (UTC)Treasury employees are subject to civil-service rules. DHS employees aren't.
Re: a-HA!
Date: 2006-01-24 07:58 pm (UTC)TK
no subject
Date: 2006-01-24 07:58 pm (UTC)no subject
Date: 2006-01-24 11:58 pm (UTC)no subject
Date: 2006-01-25 12:28 am (UTC)Props...
Date: 2006-01-25 06:04 pm (UTC)There really is something very bad in the wind right now...
mojo sends
Re: Props...
Date: 2006-01-25 07:26 pm (UTC)Thanks for the props, but I can't take much credit for the digging. It's (and you used to do it too) all about looking for the relationships.
We got taught to follow the money in J-School. Lawyers get taught to ask, cui bono? I tend to look at the latter question (seeing the first as a subset). Here the question was, "what's new?" Looking at the law, as it is now, nothing much. Same PTA, but inside it as the deputization.
If a president (any president) wanted to set up a Praetorian Guard, this is the means.
TK