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the D. C. Guard in the Secretary of Defense should be amended to establish the Secretary's authority to call out the Guard in militia status to control a local civil disturbance. An amended Executive Order will be prepared for the President's approval and signature. In a particular civil disturbance situation the Attorney General, after consulting with the Secretary of Defense, will advise the President as to the choices available to him with respect to utilization of the D.C. National Guard and active Armed Forces.

4. In addition to actual outbreaks of civil disorder, the D.C. plan must take account of the possibility that peaceful demonstrations in the District may develop into civil disorders. In order to minimize that risk, provision should be made for the policing of such demonstrations by National Guardsmen as well as District police forces. Moreover, the plan will provide for the limited use of active Armed Forces to protect Government property and functions against unlawful interference (as on the occasion of the demonstrations at the Pentagon in October of 1967).

If you approve the plan as outlined above, the Departments of Defense and Justice will take all necessary steps to implement it.

Secretary of Defense.

Attorney General.

LAW AND ORDER IN THE STATE OF

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

WHEREAS the Governor of the State of

has informed me that conditions of domestic violence and disorder exist in and about the City of in that State, endangering life and property and obstructing execution of the laws, and that the law enforcement resources available to the City and State, including the National Guard, are unable to suppress such acts of violence and to restore law and order; and

WHEREAS the Governor has requested me to use such of the Armed Forces of the United States as may be necessary for those purposes; and

WHEREAS such domestic violence and disorder are also obstructing the execution of the laws of the United States, including the protection of Federal property and functions in and about the City of

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, including Chapter 15 of Title 10 of the United States Code, do command all persons engaged in such acts of violence to cease and desist therefrom and to disperse and retire peaceably forthwith. IN WITNESS WHEREOF, I have hereunto set my hand this

day of

and of the

in the year of our Lord nineteen hundred and Independence of the United States of America the one hundred and ninety-----.

EXECUTIVE ORDER

PROVIDING FOR THE RESTORATION OF LAW AND ORDER IN THE STATE OF

pursuant in part to

WHEREAS I have today issued Proclamation No. the provisions of Chapter 15 of Title 10 of the United States Code; and WHEREAS the conditions of domestic violence and disorder described therein continue, and the persons engaging in such acts of violence have not dispersed ;

NOW, THEREFORE, by virtue of the authority vested in me as President of the United States and Commander in Chief of the Armed Force by the Constitution and laws of the United States, including Chapter 15 of Title 10 of the United States Code, and Section 301 of Title 3 of the United States Code. it is hereby ordered as follows:

SECTION 1. Units and members of the Armed Forces of the United States will be used to suppress the violence described in the proclamation and to restore law and order in and about the City of

SECTION 2. The Secretary of Defense is authorized to use such of the Armed Forces as may be necessary to carry out the provisions of Section 1. To that end, he is authorized to call into the active military service of the United States units or members of the National Guard and other Reserve Components of the Armed Forces, as authorized by law, to serve in an active duty status for an indefinite period and until relieved by appropriate orders. Units or members may be relieved subject to recall at the discretion of the Secretry of Defense.

In carrying out the provisions of this order, the Secretary of Defense will observe such law enforcement policies as the Attorney General may determine. SECTION 3. Until such time as the Armed Forces shall have withdrawn from the engagement authorized by this order, the Attorney General is further authorized (1) to coordinate the activities of all Federal agencies assisting in the suppression of violence and in the administration of justice in and about the City of and (2) to coordinate the activities

of all such agencies with those of State and local agencies similarly engaged. SECTION 4. The Secretary of Defense is authorized to determine when Federal military forces shall be withdrawn from the disturbance area and when federalized National Guard and other Reserve Component units and personnel shall be released from active Federal service. Such determinations shall be made in the light of the Attorney General's recommendations as to the ability of State and local authorities to resume full responsibility for the maintenance of law and order in the affected area.

SECTION 5. The Secretary of Defense and the Attorney General are authorized to delegate to subordinate officials of their respective Departments any of the authority conferred upon them by this order.

THE WHITE HOUSE,

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LAW AND ORDER IN THE WASHINGTON METROPOLITAN AREA BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

WHEREAS I have been informed that conditions of domestic violence and disorder exist in the Washington metropolitan area, endangering life and property and obstructing execution of the laws, and that local police forces are unable to bring about the prompt cessation of such acts of violence and restoration of law and order; and

WHEREAS I have been requested to use such units of the National Guard and of the Armed Forces of the United States as may be necessary for those purposes; and

WHEREAS in such circumstances it is also my duty as Chief Executive to take care that the property, personnel and functions of the Federal Government, of embassies of foreign governments, and of international organizations in the Washington metropolitan area are protected against violence or other interference:

NOW, THEREFORE, I, RICHARD M. NIXON, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do command all persons engaged in such acts of violence to cease and desist therefrom and to disperse and retire peaceably forthwith.

IN WITNESS WHEREOF, I have hereunto set my hand this day of in the year of our Lord nineteen hundred and and of the Independence of the United States of America the one hundred and ninety----

EXECUTIVE ORDER

11119

PROVIDING FOR THE RESTORATION OF LAW AND ORDER IN
THE WASHINGTON METROPOLITAN AREA

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pursuant in part

WHEREAS I have today issued Proclamation No. to the provisions of Chapter 15 of Title 10 of the United States Code; and WHEREAS the conditions of domestic violence and disorder described

therein continue, and the persons engaging in such acts of violence have not dispersed ;

NOW, THEREFORE, by virtue of the authority vested in me as President of the United States and Commander in Chief of the Armed Forces under the Constitution and laws of the United States, including Chapter 15 of Title 10 of the United States Code and Section 301 of Title 3 of the United States Code, and by virtue of the authority vested in me as Commander in Chief of the militia of the District of Columbia by the Act of March 1, 1889, as amended (D. C. Code, Title 39), it is hereby ordered as follows:

SECTION 1. Units and members of the Armed Forces of the United States or of the District of Columbia, or both, will be used to suppress the violence described in the proclamation and restore law and order in and about the Washington metropolitan area.

SECTION 2. (a) The Secretary of Defense is authorized to use such of the Armed Forces as may be necessary to carry out the provisions of Section 1, and to protect against unlawful interference the property, personnel and functions of the Federal and District Governments, of embassies of foreign governments, and of international organizations in the Washington metropolitan area. To these ends, he is authorized to call into the active military service of the United States units or members of the National Guard and other Reserve Components of the Armed Forces, as authorized by law, to serve in an active duty status for an indefinite period and until relieved by appropriate orders. Units or members may be relieved subject to recall at the discretion of the Secretary of Defense.

(b) In addition, in carrying out the provisions of this order, the Secretary of Defense is authorized to exercise any of the powers vested in me by law as Commander in Chief of the militia of the District of Columbia, during such times as units or members of the Army National Guard or Air National Guard of the District shall not have been called into the active military service of the United States.

(c) In carrying out the provisions of this order, the Secretary of Defense will observe such law enforcement policies as the Attorney General may determine.

SECTION 3. Until such time as military forces shall have withdrawn from the engagement authorized by this order, the Attorney General is further authorized (1) to coordinate the activities of all Federal Government agencies assisting in the suppression of violence and in the administration of justice in the Washington metropolitan area, and (2) to coordinate the activities of all such agencies with those of State and District of Columbia agencies similarly engaged.

SECTION 4. The Secretary of Defense is authorized to determine when Federal or District military forces shall be withdrawn from the disturbance area and when federalized National Guard and other Reserve Component units and personnel shall be released from active Federal service. Such determinations shall be made in the light of the Attorney General's recommendations as to the ability of civilian authorities to resume full responsibility for the maintenance of law and order in the affected area.

SECTION 5. The Secretary of Defense and the Attorney General are authorized to delegate to subordinate officials of their respective Departments any of the authority conferred upon them by this order. THE WHITE HOUSE,

196__.

MEMORANDUM FOR THE SECRETARY OF THE ARMY AND THE
UNDER SECRETARY OF THE ARMY

TAB D

Attached is a draft of the memorandum which has been proposed as a means for the Secretary of Defense and The Attorney General to obtain the approval of the President on a division of responsibilities for civil disturbance matters. The memorandum was prepared jointly by my office and the office of Legal Counsel, Department of Justice. There were several drafts preceding this one, and the Department of Justice, without our concurrence, introduced some minor variations in the attached version with which I do not agree. I do agree, however, that the paper is one we could live with, and my objections go more

to the adequacy of explanation offered to the President concerning his role than to the question of dividing responsibilities between the Secretary of Defense and The Attorney General.

There is apparently considerable pressure from The Attorney General to accelerate submission of the paper to the President. Accordingly, I propose to furnish copies to ASD (A), ASD(PA) and OSD General Counsel, since they are the three OSD representatives on the Civil Disturbance Steering Group. I am also furnishing copies to General Palmer and General Unger. I believe a copy should be furnished to Mr. Laird by Mr. Resor.

Within the Department of Justice, copies of the draft memorandum are being referred to The Attorney General and the Deputy Attorney General for their comments.

ROBERT E. JORDAN III,

General Counsel.

25 MARCH 1969.

Note for Mr. Henkin, Acting Assistant Secretary of Defense (Public Affairs). Subject: Interdepartmental Action Plan for Civil Disturbances.

Attached is a draft of the memorandum which has been proposed as a means for the Secretary of Defense and the Attorney General to obtain the approval of the President on a division of responsibilities for civil disturbance matters. ROBERT E. JORDAN III, General Counsel.

Note for Colonel Persons, OTJAG.

25 MARCH 1969.

Subject: Interdepartmental Action Plan for Civil Disturbances. Attached is a draft of the memorandum which has been proposed as a means for the Secretary of Defense and the Attorney General to obtain the approval of the President on a division of responsibilities for civil disturbance matters. ROBERT E. JORDAN III, General Counsel.

25 MARCH 1969.

Note for Mr. L. Niederlehner, Acting General Counsel of Defense.
Subject: Interdepartmental Action Plan for Civil Disturbances.

Attached is a draft of the memorandum which has been proposed as a means for the Secretary of Defense and the Attorney General to obtain the approval of the President on a division of responsibilities for civil disturbance matters. ROBERT E. JORDAN III, General Counsel.

25 MARCH 1969.

Note for the Director for Civil Disturbance, Planning and Operations.
Subject: Interdepartmental Action Plan for Civil Disturbances.

Attached is a draft of the memorandum which has been proposed as a means for the Secretary of Defense and the Attorney General to obtain the approval of the President on a division of responsibilities for civil disturbance matters. I have furnished a copy to General Palmer and discussed with him how we might have a close hold staffing on the paper.

ROBERT E. JORDAN III,

General Counsel.

Note for the Vice Chief of Staff.

25 MARCH 1969.

BRUCE: Attached is a draft of the memorandum which we discussed. It has been proposed as a means for the Secretary of Defense and the Attorney General to obtain the approval of the President on a division of responsibilities for civil disturbance matters. A copy has been furnished to the Director For Civil Disturbance Planning and Operations.

ROBERT E. JORDAN III,
General Counsel.

TAB F

A. Page 1

SIGNIFICANT SUGGESTED CHANGES

This memorandum outlines a plan by which the Departments of Defense and Justice propose (1) to coordinate their preparations for and their responses to any serious civil disturbance that may hereafter occur in an American city in a city in the United States, and (2) to assist the President in responding appropriately and effectively to any request he may receive for Federal military forces to aid in suppressing such a disturbance. While the plan is principally geared to situations involving a State request for assistance in controlling urban violence and disorder under Section 331 of Title 10, United States Code, the relationships it formalizes are equally applicable to other situations, such as the enforcement of Federal law under 10 U.S.C. 322 or the protection of civil rights pursuant to 10 U.S.C. 333, that may require the employment of Federal armed forces.

(a) Page 2

chief civilian officer in charge of guiding and coordinating all Federal Government activities . . .

B. Page 2

On the other hand, all essentially military preparations and operations, including especially the employment engagement of military forces at the scene of a disturbance, will be the primary responsibility of the Secretary of Defense. In discharging these functions, he will observe such law enforcement policies as the Attorney General may determine. To the extent practical such law enforcement policies will be formulated during the planning stage so that military commanders can familiarize themselves with them and train their personnel to implement them. This will assure that military planning and operations are consistent with Administration policy and the requirements of law.

C. Page 2

The responsibilities of the Department of Defense under this plan will be carried out principally through the Department of the Army, inasmuch as the Secretary of the Army is assigned primary responsibility for civil disturbance matters, as Executive Agent, subject to the general supervision of the Secretary of Defense. Within the Department of the Army, a Directorate for Civil Disturbance Planning and Operations serves the Secretary and the Army Chief of Staff as the principal military staff agency for such matters. Once a decision has been made to commit Federal armed forces in a locality and announced by the White House, the Assistant Secretary of Defense (Public Affairs) will be responsible for all public affairs activities in connection with the employment of such Federal armed forces to control civil disturbances.

(b) Page 3

"3. The period during which Federal military forces are employed sent inte action and remain in action at the scene of the disorder."

(c) Page 4

D. Page 4

important questions of law and law enforcement policy arising

The Attorney General will be responsible for Federal efforts directed toward improving and evaluating the capabilities of civilian local law enforcement authorities to deal with civil disturbances, and the Secretary of Defense will be responsible for the Federal efforts relating to the State National Guard. The Attorney General will coordinate Federal law enforcement plans and the Secretary of Defense will coordinate Federal military plans with State and local authorities, in order to facilitate (1) fair and effective administration of justice under emergency conditions caused by civil disturbances; and (2) smooth working relationships between Federal and State forces in any disturbance area.

(d) Page 5

66

the Department of the Army, through the US Army Intelligenee Command, may assist . . . However . the US Army Intelligence Command should will not ordinarily . . .'

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