Page:House Select Committee on Assassinations, final report.pdf/34

 James Earl Ray for the assassination of Dr King and conducted a thorough fugitive investigation but failed to investigate adequately the possibility of conspiracy in the assassination The Federal Bureau of Investigation manifested a lack of concern for constitutional rights in the manner in which it conducted parts of the investigation

III.

I. Legislative recommendations on issues involving the prohibition prevention and prosecution of assassinations and federally cognizable homicides

A. Prohibition and prevention—

The Judiciary Committee should process for early consideration by the House legislation that would make the assassination of a Chief of State of any country or his political equivalent a Federal offense if the offender is an American citizen or acts on behalf of an American citizen or if the offender can be located in the United States.

2. The Judiciary Committee should process for early consideration by the House comprehensive legislation that would codify revise and reform the Federal law of homicide paying special attention to assassinations. The Judiciary Committee should give appropriate attention to the related offenses of conspiracy attempt assault and kidnaping in the context of assassinations. Such legislation should be processed independently of the general proposals for the codification revision or reform of the Federal criminal law. The committee should address the following issues in considering the legislation:

(a) Distinguishing between those persons who should receive the protection of Federal law because of the official positions they occupy and those persons who should receive protection of Federal law only in the performance of their official duties,

(b) Extending the protection of Federal law to persons who occupy high judicial and executive positions including Justices of the Supreme Court and Cabinet officers,

(c) The applicability of these laws to private individuals in the exercise of constitutional rights,

(d) The penalty to be provided for homicide and the related offenses including the applicability and the constitutionality of the death penalty,

(e) The basis for the exercise of Federal jurisdiction including domestic and extraterritorial reach,

(f) The preemption of State jurisdiction without the necessity of any action on the part of the Attorney General where the President is assassinated,

(g) The circumstances under which Federal jurisdiction should preempt State jurisdiction in other cases,

(h) The power of Federal investigative agencies to require autopsies to be performed,

(i) The ability of Federal investigative agencies to secure the assistance of other Federal or State agencies including the military other laws notwithstanding,