On Jun 13, 11:27 pm, "John Fiorentino" <
jefiorent...@optimum.net>
wrote:
> Sorry, murdering the President in 1963 WAS NOT a Federal offense. LBJ
> signed the law that made it so.
>
> Also, JFK's body should have stayed in Texas for autopsy.
>
> John F.
You are confusing prosecution with investigation. With no specific law
pertaining to the murder of a Federal government employee, a county
District Attorney could prosecute the case with assistance from the FBI.
However, murder is aggravated assault in extremis. Surely you are not
suggesting assault is prohibited by law but aggravated assault is not.
That would be quite a loophole. Are you suggesting LHO could be
investigated and prosecuted for wounding the President, but not if the
President dies, at which point the FBI no longer has jurisdiction? I
don't believe the Supreme Court would buy into that paper thin
technicality, given that murder is the ultimate assault.
It is strange Federal Law in 1963 had no provision for prosecution in
Federal Court for the specific crime of murder of a Federal employee,
especially a high profile government official. Justice Brennan might
interpret that absence as intentional, as if assassination is considered
symbolic political speech like flag burning, therefore protected under the
1st Amendment. However, I would hope a majority of the Supreme Court
would disagree.
There was never a time in the history of the FBI when they could not
investigate any murder or apprehend murderers. The US Attorney General
can order the FBI and Federal Marshals to assist in any investigation by
local authorities and the Secretary of the Treasury can authorize the
Secret Service to investigate circumstances surrounding the assassination
or attempted assassination (aggravated assault) of Federal employees under
their protection.
Both the FBI and SS were involved in the investigation of President
Kennedy's murder at the direction of President Johnson. This was both
legal and appropriate. Can you imagine the outrage by the public, and
hysterical hue and cry by CTs today had the Federal Government refused to
conduct any investigation of President Kennedy's death?! Let Dallas
County do all the work with their own limited resources, would not be
acceptable to the American people.
As for the autopsy, by state law it should have been done immediately by
Dr Rose, but the SS had no idea if foreign enemies were involved and an
attack may be imminent, so the priority was get back to Washington DC at
once. The big mistake was not having the pathological examination take
place at WRAMC instead of Bethesda N H. That was not the fault of the SS
but a mistake in judgment by the President's physician.
Assault
__________________________________________________
An aggravated assault, punishable in all states as a felony, is committed
when a defendant intends to do more than merely frighten the victim.
Common types of aggravated assaults are those accompanied by an intent to
kill, rob, or rape. An assault with a dangerous weapon is aggravated if
there is an intent to cause serious harm. Pointing an unloaded gun at a
victim to frighten the individual is not considered an aggravated assault.
___________________________________________________
The punishment for criminal assault is a fine, imprisonment, or both.
Penalties are more severe when the assault is aggravated. Many states have
statutes dividing criminal assault into various degrees. As in aggravated
assault, the severity of the crime, the extent of violence and harm, and
the criminal intent of the defendant are all factors considered in
determining the sentence imposed.
___________________________________________________
Assault - Legal Dictionary - The Free Dictionary
http://legal-dictionary.thefreedictionary.com/assault