Monday, Oct. 19, 1970

The Politics of Crime

In October of every even-numbered year, members of Congress take stock. They look ahead toward the November elections--and glance back at what they have done, or failed to do. This year, they know that voters are aroused about crime and violence and they are well aware that President Nixon, as well as Vice President Agnew, have accused the Congress of failing to act on the Administration's law-enforcement bills. As a result, the Congress is working with last-minute desperation to escape any soft-on-crime label.

The Administration has proposed three major anticrime measures. Already enacted is the Washington, D.C., law-enforcement bill, which provides for pre-trial detention of criminals considered especially dangerous and allows police to enter residences without knocking in search of suspects. But that applies only to the nation's capital. Last week the other two bills advanced:

OMNIBUS CRIME CONTROL. This is the only measure aimed specifically at nationwide street crime. It would extend for another three years the Johnson Administration's Crime Control and Safe Streets Act, which authorizes the use of federal funds to train and equip state and local police agencies. Nixon had sought $3 billion for the three years, compared to the $331 million appropriated for the first two years. The House-passed bill, including Nixon's request, was approved by the Senate last week, 59 to 0. The Senate also tacked on other provisions that would permit FBI agents to investigate campus bombings, make it a federal crime to assassinate, assault or kidnap a member of Congress, and permit a death penalty for a fatal bombing or the assassination of a Congressman.

ORGANIZED CRIME. Passed by the House, this measure varies only slightly from the earlier Senate version; it is aimed mainly at syndicates engaged in gambling, racketeering and vice. It provides some shortcuts for police and prosecutors hampered by recent judicial decisions. It broadens the investigatory powers of grand juries and limits the right of defense attorneys to demand disclosure of prosecution evidence on the grounds that it is gathered illegally.

As things stand now, there is a good chance that Nixon will be given all the basic anticrime legislation he wants--and perhaps more. The Senate Judiciary Committee is considering a bill that would make it a crime to "willfully advocate, abet, advise or teach the duty, necessity, desirability or propriety of overthrowing or destroying the Government of the United States or the government of any state." Other proposals would provide for imprisonment of anyone who urges "the desirability or necessity of urban terrorism" or who belongs to an organization that does. Still another would make it a federal crime to kill a policeman, fireman or judge if the object was to attack a "symbol of the Establishment." Among the key sponsors of the anti-terrorism bills are South Carolina Republican Strom Thurmond and Mississippi Democrat James Eastland.

Green Light. Whatever impact such legislation might have on politically inspired crime, the net effect of the bills on offenses that threaten the greatest number of citizens--mugging, robbery, burglary and rape--is likely to be modest. Most such felonies are beyond the reach of federal authority. The President's campaign pledges to combat street crime and the current Democratic devotion to law-and-order carry more of a political punch than a practical one. Even federal funds are relatively ineffective by the time they trickle down to local police departments.

Even so, anticrime bills are getting a green light, while other major legislation is in danger of being stopped by pressures of time and priorities in the final days of the current congressional session. The Administration's most significant domestic proposal, the Family Assistance Plan, suffered a severe setback last week when the Senate Finance Committee refused, 14 to 1, to recommend its passage.

Merry Christmas. Faced with a time-consuming filibuster, supporters of Electoral College reform gave up any hope of favorable Senate action on the House-passed Constitutional amendment in this session. Other major bills not acted on by the Senate include food-stamp reform, foreign trade restrictions, a Social Security raise tied to cost of living changes, and consumer protection. The relatively hawkish House renewed the defense appropriation bill only last week, cutting $2 billion off the Administration's $68.75 billion request--and more trouble is likely in the Senate. Appropriations are still pending for other departments as well.

To avoid charges of obstructionism, Democratic leaders decided to call a post-election session to tackle the unfinished business. After a one-month recess that begins this week, Congress will have its first lame-duck meeting since 1950; it promises to be chaotic. A White House official predicts that Democrats will vote large appropriations and challenge the President to veto them. Leaders of both parties expect difficulty in keeping a quorum on hand as Christmas vacations approach. Thus Republican Senate Leader Hugh Scott emerged from a joint House-Senate leadership meeting last week, smiled at Democrat John McCormack and said, not too cheerily: "Merry Christmas, Mr. Speaker." Both leaders fear Congress could be in session right up until Christmas Eve.

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