TYB
DHS Secretary Mayorkas Personally Declined Presidential Candidate Robert F. Kennedy Jr.’s Request for Secret Service Protection
Feb 13, 2024
Judicial Watch announced today it received 99 pages of Secret Service records from the Department of Homeland Security in a Freedom of Information Act (FOIA) lawsuit that show Secretary Alejandro Mayorkas personally declined presidential candidate Robert F. Kennedy Jr.’s request for Secret Service protection.
Judicial Watch received the records through a September 26, 2023, lawsuit that was filed after the Department of Homeland Security failed to respond to a July 31, 2023, FOIA request for senior department officials’ communications regarding the provision of Secret Service protection for Presidential Candidate Robert F. Kennedy Jr. (Judicial Watch v. U.S. Department of Homeland Security (No. 1:23-cv-02846)).
The newly obtained records include a July 21, 2023, two-sentence letter sent by Mayorkas to Secret Service Director Kimberly Cheatle, advising her:
On May 26, 2023, Candidate for President Robert F. Kennedy, Jr. submitted a request to the Department of Homeland Security for United States Secret Service protection. In accordance with the authority set forth in Title 18, United States Code, Section 3056(a)(7), and in consultation with the Candidate Protection Advisory Committee, I decline to identify Candidate Kennedy for United States Secret Service protection at this time.
Mayorkas copied the letter to the members of the Candidate Protection Advisory Committee: Senate Majority Leader Chuck Schumer, Senate Minority Leader Mitch McConnell, then-House Speaker Kevin McCarthy, House Minority Leader Hakeem Jeffries, and Senate Sergeant at Arms Karen Gibson.
As noted in a previous production of records from this lawsuit, the Secretary of Homeland Security has “broad discretion” when authorizing Secret Service protection to presidential or vice-presidential candidates:
Who receives protection?
The Secret Service does not determine who qualifies for protection, nor is the Secret Service empowered to independently initiate candidate protection.
Under 18 U.S.C.’ 3056(a)(7), “[m]ajor Presidential and Vice Presidential candidates,” as identified by the Secretary of Homeland Security, are eligible for Secret Service protection.
Title 18 U.S.C’ 3056(a)(7) authorizes the U.S. Secret Service to provide protection for major presidential and vice presidential candidates:
• Protection is authorized by the OHS Secretary after consultation with the Congressional Advisory Committee
• The Congressional Advisory Committee includes: Speaker of the House, House Minority Leader, Senate Majority Leader, Senate Minority Leader, and one additional member selected by the others
• Protection under these guidelines should only be granted within one year prior to the general election. Protection more than one year prior to the general election should only be granted in extraordinary, case by case circumstances in consultation with the committee, based on threat assessment and other factors.
https://www.judicialwatch.org/rfk-jr-secret-service-protection/