SecDef Becomes sole authority over D.C. National Guard to “Provide Law Enforcement Support” when in a “Militia Status”

SecDef has taken sole authority to become the commander of the DC national guard to replace The authority of the Secretary of the Army In a blow to Army Secretary Ryan McCarthy who he believed did not act promptly for January 6 2021.

30 Dec 2021: This memorandum modifies the 1969 Secretary of Defense Memorandum, “Supervision in control of the National Guard of the District of Columbia” Regarding District of Columbia Government requests for the national guard to provide law enforcement support. DOD

Effective immediately, the secretary of defense is the authority for the DC government request for the DCNG To provide Law enforcement support:

1969 Executive Order the Anti Vietnam War violent protests and riots

Executive Order 11485–Supervision and control of the National Guard of the District of Columbia

Source: The provisions of Executive Order 11485 of Oct. 1, 1969, appear at 34 FR 15411, 15443, 3 CFR, 1966-1970 Comp., p. 813, unless otherwise noted.

By virtue of the authority vested in me as President of the United States and Commander-in-Chief of the Armed Forces of the United States and the National Guard of the District of Columbia under the Constitution and laws of the United States, including section 6 of the Act of March 1, 1889, 25 Stat. 773 (District of Columbia Code, sec. 39-112), and section 110 of title 32 and section 301 of title 3 of the United States Code, it is hereby ordered as follows:

Section 1. The Secretary of Defense, except as provided in section 3, is authorized and directed to supervise, administer and control the Army National Guard and the Air National Guard of the District of Columbia (hereinafter “National Guard”) while in militia status. The Commanding General of the National Guard shall report to the Secretary of Defense or to an official of the Department of Defense designated by the Secretary on all matters pertaining to the National Guard. Through the Commanding General, the Secretary of Defense shall command the military operations, including training, parades and other duty, of the National Guard while in militia status. Subject to the direction of the President as Commander-in-Chief, the Secretary may order out the National Guard under title 39 of the District of Columbia Code to aid the civil authorities of the District of Columbia.

Sec. 2. The Attorney General is responsible for: (1) advising the President with respect to the alternatives available pursuant to law for the use of the National Guard to aid the civil authorities of the District of Columbia; and (2) for establishing after consultation with the Secretary of Defense law enforcement policies to be observed by the military forces in the event the National Guard is used in its militia status to aid civil authorities of the District of Columbia.

Sec. 3. The Commanding General and the Adjutant General of the National Guard will be appointed by the President. The Secretary of Defense, after consultation with the Attorney General, shall at such times as may be appropriate submit to the President recommendations with respect to such appointments.

Sec. 4. 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.

Sec. 5. Executive Order No. 10030 of January 26, 1949, is hereby superseded.