Report Raises Questions about National Guard Deployments to Washington DC – Are They Legal? What is the Threat?

The National Guard via (https://creativecommons.org/licenses/by/2.0/) Flickr

Homeland Security – In a recently published report by the Center for American Defense Studies (CADS) in Washington, DC, which I help lead, Major General Donald McGregor, USAF, Ret., former lead advisor to the Chief of the National Guard Bureau, asks critical questions about how and why the National Guard was deployed in such massive numbers to Washington, DC.

It also questions the legality of the deployments and the subsequent unprecedented political ‘screenings’ of Guard personnel tasked with Capitol defense.

Ostensibly requested to provide security after the outrageous attack by a mostly unarmed mob of a few hundred on the U.S. Capitol on January 6, the massive military effort eventually topped 26,000 troops. McGregor questions whether there was a proper threat assessment completed after January 6 to justify this over-the-top response.

He also notes that the January 6 riot is also being used to justify other inappropriate actions, such as the added ‘screening’ of Guardsmen, and the possible purge of troops in the regular military accused of undefined ‘extremism.’

Per his report:

That day’s tragic events are far-reaching and go well beyond the event itself.  The malevolent behavior of a few laid the foundation for a disproportionate military response in support of the 59th Presidential Inaugural. Worse, it led to the unwarranted and ill-defined “screening” of our National Guard. And now a confusing ideological purge of military members accused of possible ‘extremism.’ 

Regarding the legality of the deployment, McGregor notes: “It remains unknown how the request unfolded and whether it was solely the Pentagon’s doing or went through more appropriate channels such as a civilian federal agency, the District of Columbia Mayor, local law enforcement—or did it come directly from the President?”

The report adds that “one state’s National Guard Adjutant General (AG) questioned the legality of the request for Guard support to civil disturbance operations in DC and possible lack of presidential authorization.  The Adjutant General for Arizona denied National Guard support due to legal concerns, noting in a letter that it appeared the President’s involvement with this request was in question, which is legally problematic.”

The AG stated in his letter:

My legal team raised the above concerns, regarding the Posse Comitatus Act and related DoD regulatory prohibitions on the use of the Title 32 USC 502(f)(2)(A) status to perform direct support to law enforcement and civil disturbance operations in the District of Columbia.” 

Further, the AG questioned, “The press release [11 January 2021 White House press release] does not mention Presidential approval for the use of DoD resources in support of civilian law enforcement and civil disturbance operations.

This is a serious unanswered question. Did President Trump actually authorize this massive military effort?  Was it legal?

Another critical question is – What was the threat?

And was the threat properly assessed and defined? More specifically, as Maj. Gen. McGregor asks, “Was the National Special Security Event (NSSE) security planning process required for the Inauguration ignored or politicized?” He explains:

NSSE Security planning always begins with one thing – A threat assessment. This is fundamental to the planning process as it drives the security resources and commensurate response to secure the event. Put simply, what is the threat, how bad is it, and what do we do about it? DHS did release a “first of its kind” Homeland Threat Assessment October 6, 2020, before the election—an important document that can be used to build a baseline threat appraisal.

But the specifics of the event such as location, logistics, geographics, lines of communication, and local jurisdictions require a separate and more detailed review, not to mention a serious update after the January 6 riot. Since this threat assessment is supposed to drive the allocation of every security resource, threat level, and the need for additional background checks, was one completed?

From the publicly available reports, it appears that only a limited overall threat assessment was performed beyond the above noted October 2020 DHS Assessment. And it is very possible that it was not updated to incorporate the events of January 6.

Maj. General McGregor adds that based “on indicators such as a lack of logistical resources to support the increase in numbers, possible misuse, and violation of policies and/or statutory military activation laws, improper assigned missions and roles, hasty and unwarranted additional screening, and questionable outside pressure, make it appear that the level of NG response had little to do with the actual threats and more to do with politics.”

These are just a few of the serious concerns, and unanswered questions regarding the still ongoing – and potentially illegal –  deployment of National Guard troops to our nation’s capital. Maj. Gen. McGregor asks many more, especially about the legality and justification for the politicized ‘screening’ of National Guard troops sent to DC.

The most important question though, is – where are the answers?

Paul Crespo is the Managing Editor of American Defense News. A defense and national security expert, he served as a Marine Corps officer and as a military attaché with the Defense Intelligence Agency (DIA) at US embassies worldwide. Paul holds degrees from Georgetown, London, and Cambridge Universities. He is also CEO of SPECTRE Global Risk, a security advisory firm, and President of the Center for American Defense Studies, a national security think tank.

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Bobby Huerta
Bobby Huerta
8 months ago

This fraud administration in Washington need to be remove for treason against Americans

Stephen Weiss
8 months ago

Looks to the World, like we’re a third world Military Junta. Pathetic display.

But then, realize: Democrats don’t GOVERN…THEY RULE by edicts and executive orders.

Richard Hennessy
Richard Hennessy
8 months ago

There is no plausible threat. It’s all a Democrat show. Look what we had to do because of those terrible conservatives, but those weren’t conservative rioters in the Capitol incident.

GI Bride
GI Bride
8 months ago

What about the Invasion on our Southern Borders . Why has Congress not declared war against these foreign nation invaders & sent out military to guard our USA Borders ????

Disgusted Elder
8 months ago
Reply to  GI Bride

Most of those invaders appear to be fit, well fed, young males of military bearing with expensive cell phones in hand. They are probably Cuban, Nicaraguan, Venezuelan, Russian, Iranian, and are plainly troops out of uniform. The “Vegetable of D.C”. is importing more troops as we watch, with the intent to bolster the numbers of the ones that came in the last time. “Veggie Boy” is almost ready to unleash his army and let them destroy the U.S.A.

james bolton
james bolton
8 months ago

globalist puppet $oro$ hired libby snow flakes and transported them to washington dc and dressed them up in MAGA hats and MAGA shirts and ordered them to invade the capitol at the same exact time 1,000,000 peaceful Americans were one mile away and enjoying the Trump speech. When libby snow flakes remove their MAGA hat and MAGA shirt, they are still libby snow flakes .

Gloria
Gloria
8 months ago
Reply to  james bolton

EVEN with the MAGA hats on and other garb, there was no problem picking them out; you can wash the dirt off a pig and put lipstick on it but it’s still a pig and will still act like a pig; They don’t clean up too well; All we had to do was watch their actions, especially when interacting with the police; their signature actions cannot be missed no the disguise; their vocabulary is very limited to practically one word that begins with F and one extended middle finger; that about describes the length and depth of their qualities. Conservative Trump supporters would never shove their middle finger in the face of a police officer while yelling F**K YOU; The Capitol Police had been ordered to WORK WITH THEM in getting them into the building; it was not until they were in the building that they smashed windows and broke doors down, from inside. I still want to know the REAL reason for the MURDER of Ashli Barrett. There sere many scumbags milling around the opening they had broken through, while they were urging Trump Supporters to “climb” through the opening into the chambers. The person who shot Ashli supposedly is a Capitol police officer, but he was wearing a suit and tie and he was INSIDE the building; With the people milling around Ashli, you have to believe that he took very careful aim in order to shoot her through the neck and not need to shoot more than once. Was that to add fuel to the fire and get people to HATE TRUMP more for getting her killed? Also remember that there were piles of their tools of the trade, bricks, arranged along the way with the police taking no notice of them even though they were walking by them. They also discovered pipe bombs which is another tool of their trade. This was well arranged and carried out. I read early on that the plans originated with Mitch McConnel, Nancy Pelosi and Chuck Schumer; I am sure that at the head were the usual suspects, George Soros and Barack Obama to name just two

Jobert Roson
Jobert Roson
8 months ago
Reply to  Gloria

Gloria: Ashli was NOT murdered. This was all staged. I watched a video shot from several angles. There was a shot, but the gun that had been pointing at her moved 45 degrees to the left and then was discharged toward the ceiling, down the hall. At that time she fell backwards onto the backpack she had. The report was that she had been shot in the neck. Stop and think – what blood vessels are in the neck – the carotid artery and the jugular vein. There was a very small amount of blood that she spit out after she had lain on the floor for about 1 minute. That was all the blood. Had she actually been shot in the neck there would have been blood all over the place. As I said, the only blood on the floor was what she spit out of her mouth. See if you can find that video that documents the event. I don’t blame you for being upset, I am also.

Disgusted Elder
8 months ago
Reply to  Jobert Roson

In the 80s I worked as a consultant on the “Miami Vice” show,and we got to see “Hollywood Magic” up close. What we were shown was a “blood pack” simulation staged by special effects ! You are right to note that a wound to the neck would have that floor covered in her blood. It was staged!!!

Dicky
8 months ago

Democrats don’t do anything that’s legal, hope you idiots who voted for them are happy!

act
act
8 months ago
Reply to  Dicky

I think the ones that you saw at the so-called Inauguration are the only ones that voted for him. He was put in to destroy us. He was not voted in.

Disgusted Elder
8 months ago

Politicians frightened by the remotely possible consequences of their criminal dis-honesty will always live in fear of discovery! The new ruling “Dementiacrat Party” is using there obvious guilty fears as a reason to invent non existent threats, alleging false declarations of danger to their new president,” The Vegetable of D.C.” No such threat is actually proven by truths .only in the “Dementiacrats’ sick minds!

David Baker
David Baker
8 months ago

That’s a good point, but you fail to factor the media in your equation. Americans have for too long rested on their laurels after the turbulent 1960s anti-war campaigns. Our populations have placed their Bill of Rights eggs in the basket of a cabal that seeks to dismantle our nation’s charter, dissolve our borders, censor our speech and subordinate American citizens to foreign administrations. The media is now the government, and if American schools would teach our youngsters about Russia and their TASS media resource, they could discern the similarities. This ongoing process requires a means to constantly indoctrinate people on the merits of Big Government solutions to Global Problems via Foreign Influences and the Surrendering of our Freedoms and Sovereignty to formulate a “New World Order”. If our country is to survive, we must rid ourselves of Globalism and Globalists, and confine our leadership to those duties specified in our Constitution. One of those means is a Free Press. Unfortunately, that resource has been eliminated.

glenn edward davis
glenn edward davis
8 months ago

A wall in Washington DC to keep american citizens out. But the anti-American Democrats won’t finish the border wall to keep illegals out. It has to make sense to somebody, but it doesn’t make any sense to me.

J Thomas Morris
8 months ago

Glenn Davis, Great and fully concur. The Second Ammendment is also in play here for the Right of the people to defend themselves against all enemies Domestic and foreign. Those Capitol protesters viewed the Capitol inmates as Domestic Enemies following such a bizarre and questionable Presidential election and they took constitutional action to rectify the matter and restore political order and some sense of sanity in our great country. We now have a huge political problem which calls for constitutional action, be it in the Courts or failing that with the people.

R.B. Blackstone
R.B. Blackstone
8 months ago

The locks on the gates to the fence around DC are on the OUTSIDE of the gates.
The deep state is being kept locked in… not locked out.

Marcia
Marcia
8 months ago

These troops need to leave and go to where they are needed–Pelosi is playing chicken little because someone put a pigs head in her yard-and she is as brainless as biden thinking the Republican are coming after her–More like the people are coming after her with her stupidity for the past four years.

pete
pete
8 months ago

It is a warning to the people – “they” are in charge. Do not cross the line.

act
act
8 months ago
Reply to  pete

They don’t have to worry about me going there. I will never go back until we get our country back.

Donna
Donna
8 months ago

Let these people go home

joseph wisniewski
8 months ago

What are they so afraid of

Dick Wagner
8 months ago

Who ordered the deployment? Was it done legally. Four men in Benghazi held off over a thousand terrorist with absolutely no help from a few despicable politicians. So again, 100 Marines would have no issue securing the swamp in DC.

BrewDubbs
8 months ago

This is why over 60% of Obiden voters are turning over in their graves…..

james bolton
james bolton
8 months ago

As long as globalists and globalist puppet $oro$ is bribing the military leaders they will obey all globalist puppet $oro$ orders .

THOMAS
THOMAS
8 months ago

China Joe Xiden is giving a speech live on TV without wearing a mandatory mask on Federal Property ! To him I say FUH-Q ya FRAUD !

pamela
pamela
8 months ago

Eight states have pulled THEIR national guard troops out of DC and that includes Florida and Texas; Only liberal states left theirs.

Robert Taylor
Robert Taylor
8 months ago

It was a display of power linked to the Democrat party. Pelosi wanted to show that she could take control of the capital and keep anyone out she did not want. But, altho she has the task of security she does not have the authority to deploy the NG. Her authority is the DC police at the capital and if the idiots allow for DC to become a state they are violating the land grant for the nation’s capital which was set at 10 mile square not 10 square miles.

John Kociuba
John Kociuba
8 months ago

What a well written insightful piece. I delightfully shared

Respectfully,
🔺️

R.B. Blackstone
R.B. Blackstone
8 months ago

Numerous laws, such as the Civil Rights Act of 1964 PROHIBIT discrimination for Race, Creed, or Color [simple terms even for a law passed by Congress]

Creed: Being a Conservative Trump supporter.

Thus, forcing a test of National Guard deployed to DC is CLEARLY in violation of this law, and several other laws which are written around relying on the Civil Rights Act of 1964, which EVERY Republican in congress voted for and NO Democrat voted for [imagine that, the party which formed KKK was against black Citizens voting and having Rights.

The order to screen all National Guard Troops for being Trump supporters constitutes “High Crimes and Misdemeanors”. When do the impeachment trials start for all the Democrats who supported this criminal act?

Truth
Truth
8 months ago

They know they cheated in the election and that the majority of the country wants them out, so, they need a military force there to protect them from the people. We need to get back to a government of the people by the people and for the people. Enough of elites running the show, pretending their leading when their really ruling over us, making themselves and their friend rich on our tax payer dollars.

Barbara
Barbara
8 months ago

ITS PELOSI – SHE IS SCARRED STIFF THAT WE PATRIOTS ARE GOING TO ATTACK THE CAPITAL AND I’M LAUGHING OUT LOUD. NO WITCH IT WAS YOUR ANTIFA AND BLM THAT ATTACKED THE CAPITAL AND WE PATRIOTS WERE TRYING TO STOP THEM

Nonips
Nonips
8 months ago

No threat except the democratic communist party politicians that want America gone so they can enforce one world one order

Charles T
8 months ago

What is happening to our once great country. Every democrat denounces the Trump actions as illegal, nonsense and pure hate but they love sleepy President Joe who is being controled by his handlers. This is no longer the old democratic party that I knew it’s now the change everything and get rid of any opposition party. The actions of Pelosi and Schummer should give you an insight as to what we are evolving into and it ain’t pretty. This is no longer the democratic party we were used to it is a socialist/communist/radical takeover of this political party and our country. People, beware of the ides of march it’s the former democratic party out to change our lives.

Sandy
8 months ago

This is the only administration that seem to be so afraid for themselves. Don’t care about citizens but protect themselves .

Kenneth Barr
Kenneth Barr
7 months ago

NG in DC is nothing more than a show of POWER by this Fraudulent Corrupt Illegal Stupid Democrat Party!! They should All be arrested, jailed, tried for TREASON!! We are not going to allow this Demwits!!!


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