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. of day IN WITNESS WHEREOF, I have hereunto set my hand this ---, in the year of our Lord nineteen hundred and and of the Independence of the United States of America the one hundred and ninety---- ----9 EXECUTIVE ORDER 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 Until such time as the Armed Forces shall have been withdrawn pursuant to Section 4 of this order, the Attorney General is further authorized (1) to coordinate the activities of all Federal agencies assisting in the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. THE WHITE HOUSE, 19_ EXECUTIVE ORDER PROVIDING FOR THE RESTORATION OF LAW AND ORDER IN 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 O-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. T 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. MEMORANDUM FOR THE UNDER SECRETARY TAB J MAY 24, 1969. Subject: Interdepartmental Action Plan for Civil Disturbances. When the Justice Department retyped the Interdepartmental Action Plan in final form, it omitted a paragraph concerning the responsibility for improving the capability of civilian law enforcement and the State National Guard. We noticed this omission, and called it to the attention of Marty Richman (Deputy Assistant Attorney General, Office of Legal Counsel), who checked and determined that the omission was purely inadvertent. Now that the Plan has been formally approved by the President, I believe it would be appropriate to call the omission to the attention of Mr. Kleindienst, and suggest that we consider the paragraph as included in the plan, insofar as division of responsibility between Justice and Army is concerned. A letter to this effect, which I recommend that you sign, is attached. ROBERT E. JORDAN III, JUNE 2, 1969. Hon. RICHARD G. KLEINDIENST, Deputy Attorney General, Department of Justice, Washington, D.C. DEAR DICK: A recent review of the Memorandum for the President, subject: Interdepartmental Action Plan for Civil Disturbances, April 1, 1969, disclosed that a paragraph was omitted on page 6 of the memorandum signed by the Attorney General and the Secretary of Defense. It is our understanding that the paragraph was inadvertently omitted when the document was being prepared in final form. The paragraph reads as follows: "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 improving and evaluating the capabilities of the 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." Since the paragraph received the endorsement of all concerned and represents an agreed statement of civil disturbance responsibilities, I believe we should treat it as if it had been incorporated in the document sent to the President. We are annotating our copies of the agreement to make the paragraph a part of the policies guiding our civil disturbance planning. Best regards, THADDEUS R. BEAL, Under Secretary of the Army. JUNE 16, 1969. MEMORANDUM FOR THE SECRETARY OF THE GENERAL STAFF Subject: Interdepartmental Action Plan for Civil Disturbances. On 2 June 1969 the Under Secretary wrote to the Deputy Attorney General informing him that a paragraph was inadvertently omitted on page 6 of the Interdepartmental Action Plan for Civil Disturbances when it was being prepared in final. He indicated that the Department of Defense copies of the agreement were being annotated to make the paragraph a part of the policies guiding our civil disturbance planning. On 6 June 1969 the Deputy Attorney General responded to the Under Secretary concurring in his recommendation that the paragraph be treated as if it had been incorporated in the document sent to the President. Request that the paragraph indicated below be incorporated by annotation into all copies of the Interdepartmental Action Plan for Civil Disturbances on page 6 immediately preceding the paragraph concerning intelligence. The paragraph is as follows: "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 improving and evaluating the capabilities of the 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." A copy of the correspondence is attached. While the plan is unclassified, it should be marked "For Official Use Only." JOSEPH R. ULATOSKI, Colonel, CS, Military Assistant to the TAB K OFFICE OF THE ATTORNEY GENERAL, Washington, D.C., August 8, 1969. Hon. MELVIN LAIRD, DEAR MR. SECRETARY: It has been called to my attention that the interdepartmental memo to the President concerning an action plan for civil disturbances, dated April 1, 1969, is somewhat ambiguous in assigning responsibility for release of public information at the federal field headquarters. I am enclosing a draft paragraph which I hope will clarify this matter. Basically, the draft provides that absent any specific directions from the White House, the Senior Civilian Representative, as the Attorney General's ranking task force member on the scene, shall have the final responsibility for release of public information in the field, but shall be required to consult with the senior Military Commander on all releases dealing with military matters. Would you please consider this proposed clarification and advise me of your views? Sincerely, JOHN N. MITCHELL, Unless otherwise directed by the White House press office, in situations where a disturbance team has been dispatched by the Attorney General, the Senior Civilian Representative shall have final responsibility for public information policies. With respect to all military matters he shall consult with the senior Military Commander on the scene in carrying out this responsibility. AUGUST 11, 1969 MEMORANDUM FOR THE SECRETARY OF THE GENERAL STAFF Subject: Department of Justice Civil Disturbance Relationships. Attached is a letter from the Attorney General to the Secretary of Defense, intended to clarify the public affairs relationships set forth in the Interdepartmental Action Plan. I have been assigned action on this matter and request any suggestions the Staff might have concerning the response to the Attorney General. In view of the OSA suspense of 14 August 1969, Staff comments are requested by COB 13 August. An advance copy of the letter has been provided to DCDPO. ROBERT E. JORDAN III, |