Protect the Presidency Act
- Sponsor
- Rep. Gooden, Lance [R-TX-5]
- Committees
- Judiciary Committee (primary)
- Last action
- May 7, 2026
Bottom line
This bill expands the potential penalties for attempted assassination of federal leaders to include the death penalty, aligning it with the penalty for successful assassination.
What it actually does
This bill amends section 1751(c) of title 18, United States Code, to explicitly include the death penalty as a potential punishment for individuals convicted of attempting to assassinate the President, Vice President, or other specified high-ranking federal officials. Currently, the law provides for imprisonment, which can include life imprisonment, but this amendment adds capital punishment as an alternative sentencing option.
Proponents argue
Proponents would argue that attempting to assassinate the President or other high-ranking officials is an act of extreme gravity that threatens national security and democratic stability. They would contend that the punishment for such an attempt should reflect its severity, and that the death penalty serves as a just retribution and a strong deterrent against those who would seek to destabilize the government through violence.
Opponents contend
Opponents would likely argue against the expansion of the death penalty, citing concerns about its morality, effectiveness as a deterrent, and the risk of executing innocent individuals. They might also contend that existing penalties, including life imprisonment, are sufficient to punish and deter such crimes, and that expanding capital punishment could lead to disproportionate application or further legal challenges.
The bill is exceptionally brief, requiring less than a minute to read, making it highly accessible for immediate understanding.
Section 2, page 1, lines 11-12
Amending Punishment for Attempted Assassination
This provision modifies section 1751(c) of title 18, United States Code, to allow for the imposition of the death penalty for an attempt to assassinate the President, Vice President, or other individuals protected under that statute. Previously, the maximum penalty for such an attempt was imprisonment, which could include life imprisonment. The amendment adds capital punishment as an available sentencing option, creating parity with the penalty for a successful assassination.
Supporters argue
Supporters argue that the current law, which allows for the death penalty for a successful assassination but only imprisonment for an attempt, creates an illogical disparity. They contend that an attempt to assassinate the President is an act of profound treason and violence that warrants the ultimate penalty, regardless of whether it succeeds, as the intent and danger are equally severe.
Critics contend
Opponents argue that the death penalty is an irreversible punishment and that its expansion is unwarranted. They would contend that life imprisonment without parole already provides sufficient punishment and protection for society, and that the complexities and moral questions surrounding capital punishment should lead to its reduction, not expansion.
Tradeoffs
The bill balances the desire for severe punishment for grave offenses against concerns about the morality and practical implications of expanding capital punishment. It also addresses the tension between the intent to commit a crime and the actual outcome, by seeking to equalize the penalty for attempted and successful assassination.