The claim that Robert F. Kennedy Jr. didn’t qualify for Secret Service protection due to polling requirements has been widely cited but is misleading. A deeper look into public records, federal law, and the decision-making process reveals significant issues with transparency and fairness in how such protection was wrongfully denied six times. Here’s what really happened.
Secret Service Protection: What the Law Says
Federal law authorizes the Secret Service to protect major presidential and vice presidential candidates. According to the statute, this decision is made after consulting an advisory committee composed of:
- The Speaker of the House
- The Minority Leader of the House
- The Majority and Minority Leaders of the Senate
- An additional member chosen by the committee
The law itself does not include polling requirements for determining eligibility. Instead, these were guidelines introduced by Homeland Security Secretary Alejandro Mayorkas. According to these guidelines, Democratic and Republican candidates needed to poll above 15% nationally, while Independent candidates were required to poll above 20%. This additional threshold for Independents is not codified in law and was an arbitrary addition by Mayorkas.
The Timeline of RFK Jr.’s Requests
Kennedy’s campaign made six formal requests for Secret Service protection:
- May 26, 2023
- August 24, 2023
- October 25, 2023
- January 2, 2024
- March 1, 2024
- March 29, 2024
Each request was denied, with the justification frequently citing Kennedy’s polling numbers as insufficient. However, this argument is undermined by the law’s lack of any polling requirement, leaving the decision squarely in the hands of the advisory committee and key officials.
Who Was Responsible?
The advisory committee included the following members during this period:
- Chuck Schumer (Senate Majority Leader)
- Mitch McConnell (Senate Minority Leader)
- Karen Gibson (Senate Sergeant at Arms)
- Mike Johnson (Speaker of the House)
- Hakeem Jeffries (House Minority Leader)
Additionally, both Secretary Mayorkas and President Biden held the authority to unilaterally grant Secret Service protection. Their decisions—or lack thereof—played a central role in Kennedy’s delayed protection.
A Revealing Email from 2020
An email from 2020, inadvertently included in the public records released through a Freedom of Information Act (FOIA) request, sheds light on the extent of discretionary power in this process. Sent from the Office of the Chief Counsel, the email explicitly states that “the Director has the unilateral authority to authorize this action.” This confirms that the Secret Service Director could have approved protection independently, without advisory committee approval.
Furthermore, the email notes that such protection could also be authorized by presidential memorandum. This means that multiple individuals—including the advisory committee members, Secretary Mayorkas, and President Biden—had the power to grant Kennedy protection but chose not to act.
A Good Faith Attempt for Transparency
On October 16, 2023, Senator Ted Cruz sent a letter to Mayorkas demanding answers about why RFK Jr.’s requests were denied and why the decision-making process was so delayed. This was one of the few public attempts by lawmakers to hold the administration accountable.
President Biden’s Decision in July 2024
The situation reached a turning point on July 15, 2024, when President Biden directed Mayorkas to provide Kennedy with Secret Service protection. This decision came after months of public and political pressure, as well as an attempted assassination on President Trump. Notably, this decision further disproved the claim that polling thresholds were an immovable requirement.
What This Reveals About the Process
The delays in granting Kennedy protection raise serious questions about the transparency and fairness of the process. The 2020 email confirms that the decision could have been made unilaterally by the Secret Service Director, the advisory committee, or through a presidential directive. Despite these multiple avenues, key officials and the committee failed to act promptly, leaving Kennedy without protection for over a year with credible threats.
It certainly was not about being outside of 120 days before the election. Bernie Sanders received SS 279 days before the 2016 election, Benjamin Carson received SS 362 days before the election, and Barack Obama 551 days before the 2008 election. A candidate has never been denied Secret Service protection who asked for it before. Why was RFK Jr the first?
Of course the answers have been hidden due since the information “would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions fi such disclosure could reasonably be expected to risk circumvention of the law.” At least, that’s what the government says.
Conclusion
The claim that RFK Jr. didn’t qualify for Secret Service protection due to polling thresholds doesn’t hold up under scrutiny. The law does not mandate polling requirements, and key officials had the discretion to approve his protection at any time. The delays not only placed a presidential candidate at unnecessary risk but also exposed a lack of accountability in the system.
