[Congressional Record Volume 147, Number 90 (Tuesday, June 26, 2001)]
[Senate]
[Pages S6922-S6923]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SMITH of Oregon (for himself and Mr. Leahy):
  S. 1099. A bill to increase the criminal penalties for assaulting or 
threatening Federal judges, their family members, and other public 
servants, and for other purposes; to the Committee on the Judiciary.
  Mr. SMITH of Oregon. Mr. President, one of the important tasks we 
have in Congress is to ensure that our laws effectively deter violence 
and provide protection to those whose careers are dedicated to 
protecting our families and also our communities.
  With this in mind, today I rise to reintroduce the Federal Judiciary 
Protection Act with my esteemed colleague, Senator Leahy. This bill 
will provide greater protection to Federal law enforcement officials 
and their families. Under current law, a person who assaults, attempts 
to assault, or who threatens to kidnap or murder a member of the 
immediate family of a U.S. official, a U.S. judge, or a Federal law 
enforcement official, is subject to a punishment of a fine or 
imprisonment of up to 5 years, or both. This legislation seeks to 
expand these penalties in instances of assault with a weapon and a 
prior criminal history. In such cases, an individual could face up to 
20 years in prison.
  This legislation would also strengthen the penalties for individuals 
who communicate threats through the mail. Currently, individuals who 
knowingly use the U.S. Postal Service to deliver any communication 
containing any threat are subject to a fine of up to $1,000 or 
imprisonment of up to 5 years. Under this legislation, anyone who 
communicates a threat could face imprisonment of up to 10 years.
  Briefly, I would like to share several examples illustrating the need 
for this legislation. In my State of Oregon, Chief Judge Michael Hogan 
and his family were subjected to frightening, threatening phone calls, 
letters, and messages from an individual who had been convicted of 
previous crimes in Judge Hogan's courtroom. For months, he and his 
family lived with the fear that these threats to the lives of his wife 
and children could become reality, and, equally disturbing, that the 
individual could be back out on the street again in a matter of a few 
months, or a few years.
  Judge Hogan and his family are not alone. In 1995, Mr. Melvin Lee 
Davis threatened two judges in Oregon, one judge in Nevada, and the 
Clerk of the

[[Page S6923]]

Court in Oregon. The threat was carried out to the point that the front 
door of the residence of a Mr. John Cooney was shot up in a drive-by 
shooting. Unfortunately for Mr. Cooney, he had the same name as one of 
the Oregon judges who was threatened.
  In September 1996, Lawrence County Judge Dominick Motto was stalked, 
harassed, and subjected to terrorist threats by Milton C. Reiguert, who 
was upset by a verdict in a case that Judge Motto had heard in his 
courtroom. After hearing the verdict, Reiguert stated his intention to 
``point a rifle at his head and get what he wanted.''
  These are just several examples of vicious acts focused at our 
Federal law enforcement officials. As a member of the legislative 
branch, I believe it is our responsibility to provide adequate 
protection to all Americans who serve to protect the life and liberty 
of every citizen in this Nation. I encourage my colleagues to join us 
in sponsoring this important legislation.
  Mr. LEAHY. Mr. President, I am pleased to join my friend from Oregon 
to introduce the Federal Judiciary Protection Act. In the last two 
Congresses, I was pleased to cosponsor nearly identical legislation 
introduced by Senator Gordon Smith, which unanimously passed the Senate 
Judiciary Committee and the Senate, but was not acted upon by the House 
of Representatives. I commend the Senator from Oregon for his continued 
leadership in protecting public servants in our Federal Government.
  Our bipartisan legislation would provide greater protection to 
Federal judges, law enforcement officers, and United States officials 
and their families. United States officials, under our bill, include 
the President, Vice President, Cabinet Secretaries, and Members of 
Congress.
  Specifically, our legislation would: increase the maximum prison term 
for forcible assaults, resistance, opposition, intimidation or 
interference with a Federal judge, law enforcement officer or United 
States official from 3 years imprisonment to 8 years; increase the 
maximum prison term for use of a deadly weapon or infliction of bodily 
injury against a Federal judge, law enforcement officer or United 
States official from 10 years imprisonment to 20 years; and increase 
the maximum prison term for threatening murder or kidnaping of a member 
of the immediate family of a Federal judge or law enforcement officer 
from 5 years imprisonment to 10 years. It has the support of the 
Department of Justice, the United States Judicial Conference, the 
United States Sentencing Commission and the United States Marshal 
Service.
  It is most troubling that the greatest democracy in the world needs 
this legislation to protect the hard working men and women who serve in 
our Federal Government. Just last week, I was saddened to read about 
death threats against my colleague from Vermont after his act of 
conscience in declaring himself an Independent. Senator Jeffords 
received multiple threats against his life, which forced around-the-
clock police protection. These unfortunate threats made a difficult 
time even more difficult for Senator Jeffords and his family.
  We are seeing more violence and threats of violence against officials 
of our Federal Government. For example, a courtroom in Urbana, Illinois 
was firebombed recently, apparently by a disgruntled litigant. This 
follows the horrible tragedy of the bombing of the federal office 
building in Oklahoma City in 1995. In my home state during the summer 
of 1997, a Vermont border patrol officer, John Pfeiffer, was seriously 
wounded by Carl Drega, during a shootout with Vermont and New Hampshire 
law enforcement officers in which Drega lost his life. Earlier that 
day, Drega shot and killed two state troopers and a local judge in New 
Hampshire. Apparently, Drega was bent on settling a grudge against the 
judge who had ruled against him in a land dispute.
  I had a chance to visit John Pfeiffer in the hospital and met his 
wife and young daughter. Thankfully, Agent Pfeiffer has returned to 
work along the Vermont border. As a Federal law enforcement officer, 
Agent Pfeiffer and his family will receive greater protection under our 
bill.
  There is, of course, no excuse or justification for someone taking 
the law into their own hands and attacking or threatening a judge, law 
enforcement officer or U.S. official. Still, the U.S. Marshal Service 
is concerned with more and more threats of harm to our judges, law 
enforcement officers and Federal officials.
  The extreme rhetoric that some have used in the past to attack the 
judiciary only feeds into this hysteria. For example, one of the 
Republican leaders in the House of Representatives was quoted as 
saying: ``The judges need to be intimidated,'' and if they do not 
behave, ``we're going to go after them in a big way.'' I know that this 
official did not intend to encourage violence against any Federal 
official, but this extreme rhetoric only serves to degrade Federal 
judges in the eyes of the public.
  Let none of us in the Congress contribute to the atmosphere of hate 
and violence. Let us treat the judicial branch and those who serve 
within it with the respect that is essential to preserving its public 
standing.
  We have the greatest judicial system in the world, the envy of people 
around the globe who are struggling for freedom. It is the independence 
of our third, co-equal branch of government that gives it the ability 
to act fairly and impartially. It is our judiciary that has for so long 
protected our fundamental rights and freedoms and served as a necessary 
check on overreaching by the other two branches, those more susceptible 
to the gusts of the political winds of the moment.
  We are fortunate to have dedicated women and men throughout the 
Federal Judiciary and Federal Government in this country who do a 
tremendous job under difficult circumstances. They are examples of the 
hard-working public servants that make up the Federal Government, who 
are too often maligned and unfairly disparaged. It is unfortunate that 
it takes acts or threats of violence to put a human face on the Federal 
Judiciary, law enforcement officers or U.S. officials, to remind 
everyone that these are people with children and parents and cousins 
and friends. They deserve our respect and our protection.
  I thank Senator Smith for his leadership on protecting our Federal 
judiciary and other public servants in our Federal Government. I urge 
my colleagues to support the Federal Judiciary Protection Act.
                                 ______