Phase Three-Engagement of Federal Troops

The Executive Order will authorize the Secretary of Defense to conduct the military operation, subject to the law enforcement policies determined by the Attorney General during the planning phase. Guided by such policies, pursuant to established procedures within the Department of Defense the Secretary of Defense is responsible for the necessary military decisions and for issuance of the appropriate orders to the military commanders concerned. Thus the chain of military_command running down from the Secretary of Defense will be preserved. The established law enforcement policies may require revision or elaboration during the actual military operations; in that event, the Secretary of Defense will refer such matters, military exigencies permitting, to the Attorney General, together with his recommendations. The Executive Order further authorizes the Secretary of Defense to federalize National Guard units and, if required, to order units of Reserve Components of the Armed Forces to active duty for purposes of the operation.

The Attorney General will have a personal representative located with the military task force commander in each city where armed forces are committed. Standing military instructions to Task Force Commanders will instruct the commanders to consult with the Attorney General's representative on all significant matters.

By the terms of the Order, the Attorney General will remain responsible (1) for coordinating the activities of all Federal agencies assisting in the suppression of violence and in the administration of justice in the affected area, and (2) for coordinating these activities with those of State and local agencies similarly engaged.

Phase Four-Withdrawal of Federal Troops

As the employment of Federal military forces succeeds in bringing the disturbance under control, the military commander and the representative of the Attorney General at the scene of the disturbance will make recommendations to their respective superiors concerning the timing for the withdrawal of Federal units, the defederalization of National Guard units, and the release from active duty of any Reserve units. It is expected that the Secretary of Defense will decide these matters in the light of the Attorney General's recommendations as to the ability of the civil authorities to resume full responsibility for the maintenance of law and order in the affected area.

II. THE BASIC PLAN FOR THE WASHINGTON METROPOLITAN AREA

The respective roles of the Secretary of Defense and the Attorney General in preparing for and responding to a civil disturbance in the Washington metropolitan area are essentially the same as described above with respect to disturbances within a State. Thus the Attorney General will be responsible for coordinating Federal activities and determining Federal law enforcement policies relating to civil disturbances in this area, and the Secretary of Defense will be in charge of military operations to suppress such a disturbance.

There are, however, several supplemental features and variations that characterize the basic plan as applied to the Washington area. These are as follows: 1. The basic plan must include not only provisions for dealing with generalized disturbances, but also provisions for protecting government property, functions, or personnel in this area against any form of unlawful interference. Military operations to suppress such interference will be the responsibility of the Secretary of Defense, subject to the law enforcement policies of the Attorney General.

2. The President will ordinarily look to the Mayor of the District, as he does to the Governor of a State, to make a formal request for military assistance to control a local civil disturbance.

3. In addition to his general authority to employ Federal military forces as described above, the President, as Commander-in-Chief of the D.C. National Guard, is authorized to use that Guard in militia status to suppress a civil disturbance in the District without the necessity for a Proclamation or Executive Order.

To facilitate the practical availability of this option, the outstanding Executive Order of 1949 vesting administrative control over the D.C. Guard in the Secretary of Defense (E. O. 10030) should be amended to establish the Secre

tary's authority in such cases 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.

The D.C. National Guard will be used in militia status for the purpose of suppressing a civil disturbance only after the informal approval of the President has been obtained. 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. planning takes account of the possibility that peaceful demonstrations in the District may develop into civil disturbances. In order to minimize that risk, provision can be made for the policing of such demonstrations by National Guardsmen in their militia status as well as by District police forces. Moreover, planning provides for the limited use of active armed forces to protect Government property and functions against unlawful interference (as on the occasion of the demonstration 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.

LAW AND ORDER IN THE STATE OF

JOHN N. MITCHELL,

Attorney General.

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, and endangering the security 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 in the year of our Lord nineteen hundred and Independence of the United States of America the one hundred and ninety-____. LAW AND ORDER IN THE WASHINGTON METROPOLITAN AREA

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

day of

and of the

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 organiza

tions in the Washington metropolitan area are protected against violence or other interference:

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, do command all persons engaged in such acts of violence to cease and desist therefrom and to disperse and retire peaceably forthwith.

day

IN WITNESS WHEREOF, I have hereunto set my hand this 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 STATE OF

WHEREAS I have today issued Proclamation No. pursuant in part 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 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.

SEC. 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 to order to active duty units of the 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.

In carrying out the provisions of this order, the Secretary of Defense shall observe such law enforcement policies as the Attorney General may determine. SEC. 3. Until such time as the Armed Forces shall have been withdrawn pursuant to Section 4 of 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. SEC. 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 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.

SEC. 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.

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

-9

WHEREAS I have today issued Proclamation No. pursuant in part 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 ;

32-996 - 74-24

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 National Guard of the District of Columbia, or both, will be used to suppress the violence described in the proclamation and to 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 to order to active duty units of the 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 time 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 shall observe such law enforcement policies as the Attorney General may determine.

SECTION 3. Until such times as military forces shall have been withdrawn pursuant to Section 4 of 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_.

The attached memorandum at Tab A formalizes operational plans for Federal response to potential civil disorders. With your approval, the Attorney General is designated chief civilian officer for coordination of all Federal government activities relating to civil disturbances. The Secretary of Defense, through the Department of the Army, will be primarily responsible for employment of the military at a disturbance site subject to law enforcement policies established by the Attorney General.

These operational plans specify Justice and Defense responsibilities for four distinct phases: (1) Advance Planning and Intelligence Operations; (2) Responding to Early Phases of a Civil Disturbance; (3) Engagement of Federal Troops; and (4) Withdrawal of Federal Troops. The plans present a prepared Federal response to disorders which is flexible enough to be varied as conditions change.

Also attached at Tab B are copies of proclamations and executive orders which by law you must sign in order to activate Federal forces to suppress violence. When a Governor concludes that a formal request for military assistance is necessary, he will address his request directly to you. Prior to your receiving such a request, the Attorney General will have reviewed the facts of the situation, consulted with Defense officials on the gravity of the disorder, and then advised you on whether the conditions would warrant honoring a request at that particular time. The appropriate proclamation and executive order will be designated for your signature.

Recommendation: That you approve the plan as outlined.