Curiosities From the OLC Opinions

Lately I’ve been reading old OLC opinions as a research exercise. One that I came across raises a fascinating question: Can Congress make attempted presidential assassination a capital crime? Attempted murder is not a capital crime anywhere in the United States. Can an exception be made for presidential assassination? The OLC concluded that the answer was yes, so long as the definition of attempt was sufficiently specific. I’m inclined to agree, though  Congress has never enacted such a statute.

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