Q&A of the Day – How Much Authority Does the Secret Service Have?

The Supremacy Clause of the Constitution states federal laws and treaties are the supreme law of the land.

Episode Transcript

Speaker 1 (00:00):
Have questions.

Speaker 2 (00:01):
Why is it important to stand in form with us?
Happening in the news?

Speaker 1 (00:03):
Took the man with a couple of quote answered, If
you're going to be a love, where are they going
to pass back?

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Is going to guarantee that?

Speaker 1 (00:08):
It's Brian mudgs Q and A of today Today's Q
and A how much doherty does the Secret Service have?
This is brought to you by Melissa and Ashes check
Mark Collections. Each day I feature a listener question sent
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(00:30):
You may also use the iHeartRadio talkback feature. Just go
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may lay down a message right there, maybe a topic
or question for a future Q and A Today's note
is this at Brian Mudradio? Can you help identify the
legality to be closing down the public road around mar

(00:52):
A Lago? I support Donald Trump, but they never closed
the road during his first term. Enclosure should be limited
to events, not just his presence. Okay, So there's no
doubt that the Secret Services decision to close South Ocean
Boulevard in the vicinity of mar A Lago has been
the hottest topic on Palm Beach in recent weeks. The
Secret Services decision to frequently close the road from South

(01:14):
County to Southern Boulevard it has been a huge inconvenience
to residents and visitors alike in the area. It's been
so unpopular that even Donald Trump has spoken out about it.
A spokesman for the Trump family issued a news release
saying this, President Trump, the Trump Family, and the mar
A Lago Club do not want to inconvenence anyone, especially

(01:37):
their neighbors and greater community in Palm Beach. The Trump's
have been members of the community for thirty years. It
is their home and they share the sentiments of fellow
town residents. So, in other words, even Donald Trump's opinion
has been factored into the Secret Services decision to institute
the closure of A one A in the name of

(01:58):
enhanced security. To the level of authority the Secret Service
has asserted in doing this. So about that the Secret
Service was officially established in eighteen sixty five and its
authority has been tweaked a bit by Congress every time,
most recently with the creation of the Department of Homeland
Security following nine to eleven. The current law pretending to

(02:18):
the authority of the Secret Service is eighteen US Code
thirty fifty six, powers Authorities and Duties of United States
Secret Service. Most of the code addresses who is entitled
Secret Service protection and when it's provided. Section G is
the section that most closely aligns to today's question. It reads,

(02:38):
the United States Secret Service shall be maintained as a
distinct entity within the Department of Homeland Security and shall
not be merged with any other Department function. No personnel
and operational elements of the United States Secret Service shall
report to an individual other than the Director of the
United States Secret Service, who shall report directly to the

(03:00):
Secretary of Homeland Security, without being required to report through
any other official of the Department. Okay, So the Code
clearly establishes the Secret Service as an agency that's directly
and only accountable to the Department of Homeland Security. That
takes us to the Department of Homeland Securities. Directives pertaining

(03:20):
to the Secret Service DHS Directive two fifty two Nation
eleven is the Office.

Speaker 2 (03:26):
For State and Local Law Enforcement. The directive lays out
how federal agencies are to interact with state and local
law enforcement. It states, for example, that it is the
policy of DHS to make state, tribal, and local law
enforcement agencies full partners in Homeland security policy making, and

(03:48):
to coordinate their input of these partners across the department.
Specific to the Secret Service, it is stated that nothing
in this directive is to be construed to impede or
inhibited in any way the statutory of thor of the
United States Secret Service to independently perform its protective and
investigative functions, as those functions relate to any federal, state,

(04:09):
or local protective or investigative operations. Now the supremacy clause
of the Constitution, state's federal laws and treaties are the
supreme law of the land. Obviously, the Secret Service and
its parent agency, the Department of Homeland Security, are federal
agencies created under federal law, and therefore have supremacy power

(04:31):
over state and local agencies a law the Palm Beach
Police Department in this in since also there's precedents for this,
The Secret Service has long carried out road closures and
rolling roadblocks when individuals under Secret Service protection are en
route to a destination without the need for consent by

(04:52):
local governments to do so. What's of course different this
time is that the only north south thoroughfare on the
island being closed for an extended period of time is
much greater as an inconvenience than the typical inconveniences that
come with, you know, the rolling roadblocks and that kind

(05:12):
of thing. So it takes us back to where today's
question started and asking about the legality of the road closure.
As outlined the Secret Service, it has the authority to
overall any local law enforcement agencies. It also has the
authority to act as it sees fit to ensure the

(05:34):
protection of those under its protection. That said, we're in
unprecedented territory with the uniqueness of Donald Trump's mar Lago situation,
given its proximity to South Ocean Boulevard. The town of
Palm Beach has weighed in, you know, taking numerous actions

(05:55):
to attempt to force the reopening of the road. It
is clear that the town would retain no legal standing
to attempt punitive actions against Donald Trump or the Marlago
Club as many including town officials, have haphazardly threatened. As mentioned,
this isn't even Trump's decision. He has no input on this.

(06:16):
He doesn't want it either, but due to the unprecedented
nature of the situation, the town may have the potential
for success if illegally challenges the Secret Services Authority to
continue the closures. As outlined now, there's no guarantee that
if the case were pursued by the town and or
resident's business owners harmed by the closure, a court would

(06:37):
take up the case let alone rule in favor of
the town, But there's the potential that one could as
a means of providing additional regulations around the scope and
the extent of the Secret Services Authority to make demands
on communities, because again, this is undefined, uncharted territory that way,
so the listeners submitted today's note mentioned that this hadn't

(06:58):
taken place during Trump's first term as president, and that's true.
At the same time, Donald Trump had been shot in
an assassination attempt at that point either, and we also
weren't made aware of the world's largest state sponsor of terrorism, Iran,
engaged in an active plot to try to assassinate him either.

(07:19):
That's not to say that the closure of South Oa
Ocean Bulevard near mar A Lago is appropriate, but it
does explain why the security measures around mar A Lago
are far greater than they were even when he was
the president.