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/ 0:04 AM June 5, 1970 * wd O = Pye a NM - CAA, *? MEMORANDUM FOR MR, TOLSON MR, DE LOACH MR. ROSEN MR, BISHOP The President called. He atated he wanted to ask me if there is the death penalty for the Mjackers. ¥ told him there is, I think, a death penaly if there ia bodity har¢pto an individual. The President said that is . pot enough and shoalda’t there simply be the same thing that we bave ta Ben nah Tew Coatt, pemalty for anybody who bi! acks a 0 Plane. I told him I would be in favor of it, but as he knew, the Lindbergh law bas bees @eciared unconstitutional by the Supreme Court so we no longer have that. The President said, put tt om this and let the Court declare it unconsttisti I eaid | have fel a0 lnog that what we do e0 often in the Executive branch, is to try to read the mind of the Supreme Court and we ought to take some ~ of these cases to the Supreme Court wben they occur and let them take the | responsibility. The President said the thing now is -- if they do bodily harm -- but of course, this character is crazy, he understands, meme, | we should certainly ask for the death penalty, I said ] wouid think go, fet his own attorney plead insanity and let a psychiatrist examine him and ; the court deide. The President said the whole thing of the death penalty is they would not be doing this if this hung over them and & takes the court a few years to declare it anconstiitticall. 1 said IT have been strongly in favor of eapital punishment and the President said he was with me. I told him the Solicitor General told me the ether day that he received a call from the Chief Justice asking bim to prepare a brief on eapital punishment to be submitted to the fal! term of the eourt. 1 @aid the court has several cases involving eapita! panishment and I would fmagine the court is going to be § - 4. The President said, “To knock % Deises SR Pomplete ly 7” J told him 1 would not be surprised unleas we can get ctr —gemother vacancy to be filled by a real man, The President said if we get one, oG— $3937 so Gi- Ly G2. AH TIM GA Bxd7b— Wo beh O7.47 9% > tanae fl a arn SNRECORDED corr FRED he Bich —Ape-will Go St, i Ce y eee — Fal SUNT pet f D. ns UN 9 1870 Rosen XEROX KES TIM? LL An sive ——¥EHedm (8) uN @ - ety W" | pars 6:55 = T iy ; Jt Tale, Poon ee | cong, er A ve y i < FOI WONT Ta £ oe