Griffin deleted the photo after a fierce backlash on social media from Democrats and Republicans alike, and issued a video apology after the Secret Service tweeted that "Threats made against @SecretService protectees receive the highest priority of all of our investigations. #ProtectionNeverRests," adding that they have a "robust protective intelligence division that monitors open source reporting & social media to evaluate threats."
In her video, Griffin said, "I sincerely apologize… I'm a comic, I cross the line. I move the line, then I cross it. I went way too far. The image is too disturbing. I understand how it offends people. It wasn't funny. I get it…. I beg for your forgiveness."
CNN has cut ties with Griffin, who usually hosts the network’s annual New Year’s Eve programming, and bathroom device company Squatty Potty has suspended an ad campaign that featured Griffin, saying they were "shocked and disappointed" at the photo, and that the image "was deeply inappropriate and runs contrary to the core values our company stands for."
Trump himself responded to the image as well, tweeting, "Kathy Griffin should be ashamed of herself. My children, especially my 11 year old son, Barron, are having a hard time with this. Sick!"
First lady Melania Trump released a statement saying, "As a mother, a wife, and a human being, that photo is very disturbing…When you consider some of the atrocities happening in the world today, a photo opportunity like this is simply wrong and makes you wonder about the mental health of the person who did it."
Though it isn’t clear whether the Secret Service has been in contact with Griffin, federal law dictates that a threat to the US president could result in five or more years in jail.
According to US Code 871, "Whoever knowingly and willfully deposits for conveyance in the mail or for a delivery from any post office or by any letter carrier any letter, paper, writing, print, missive, or document containing any threat to take the life of, to kidnap, or to inflict bodily harm upon the President of the United States … shall be fined under this title or imprisoned not more than five years, or both."
Stanford University law professor Nathaniel Persily told USA Today that Griffin’s photo does not count as a threat against the president, as it doesn’t explicitly encourage violence towards Trump or contain threatening words.
"People are allowed to wish the president dead," he said. "To threaten someone you need words that encourage some sort of action."
Former Republican presidential candidate Mitt Romney also called the photo "Unthinkable."
CNN host Anderson Cooper, who often hosts the New Year’s programming with Griffin, wrote, "For the record, I am appalled by the photo shoot Kathy Griffin took part in. It is clearly disgusting and completely inappropriate."
