WASHINGTON (AP) – Defense leaders are reviewing restrictions on the use of force by members of the National Guard and could allow troops to carry batons or guns in Washington, DC, bracing themselves for more protests and possible violence surrounding the 20th inauguration. The Associated Press has learned.
Army Secretary Ryan McCarthy told The AP on Friday that any changes will be driven by the information gathered about potential threats over the next few days. But he said they are trying to get troops to carry their M-4 rifles or 9mm Berettas, and he’ll know more in a day or two.
The evaluation reflects concerns about the security of the Guard forces following the deadly riots in the Capitol on Wednesday, and also takes into account legal restrictions prohibiting the use of the military for domestic law enforcement.
Allowing troops to carry lethal weapons would meet deep-seated fears about the optics of anything that suggests that US forces were used against Americans on US soil. And it would require the permission of different authorities depending on where the guards were stationed. For example, city officials in DC would have to agree to allow the Guard to carry weapons within city jurisdictions, such as at checkpoints or subway stations. Federal approvals would be required for federal land sites, parks, landmarks, and places such as Capitol Hill.
“We’ll look at the intelligence and make a decision in the next few days,” McCarthy said. “It just requires that we get better information, and then we will have to make a risk assessment.”
In June, following a chaotic police response to Washington street protests over the police’s murder of George Floyd in Minneapolis, some critics warned of an overly militarized approach to contain the problem. This was in part due to the military-style clothing worn by a number of federal law enforcement officers, including U.S. Bureau of Prisons security forces, and the fact that they did not carry identification markings.
In a letter to Trump just days after the chaos in June, House Speaker Nancy Pelosi demanded answers from the government. “We are concerned about the increased militarization and ambiguity that could add to the chaos,” she wrote. “I am writing to request a full list of the agencies involved and to clarify the roles and responsibilities of the troops and federal law enforcement officers operating in the city.”
As a result, the Guard’s deployment in DC this week has brought with it a number of restrictions, including not carrying weapons. Because they are unarmed, they are generally limited to tasks that prevent them from having direct contact with potentially violent protesters, such as manning checkpoints.
McCarthy also said they expect better information on protests and crowds.
He complained earlier this week that the information on the potential attendance numbers Wednesday was “across the board” – ranging from about 2,000 to 80,000. He said on Friday that there are new plans to have more frequent meetings with law enforcement officers to discuss the intelligence reports so that law enforcement is better prepared.
He added that he has already allowed one change. As of Thursday night, he said Guard members in DC are allowed to wear their ballistic helmets. That decision comes amid news that a Capitol police officer has died as a result of injuries sustained during the riot. Officer Brian D. Sicknick, 42, was hit in the head with a fire extinguisher, two law enforcement officials said. The officials were unable to publicly discuss the ongoing investigation and spoke to The Associated Press on condition of anonymity.
Four other people were killed in the riot, including a rioter who was shot by police.
As the chaos in the Capitol spread, the Pentagon moved to activate Guard members in five nearby states to bolster the DC National Guard and law enforcement already in town. All told, 6,200 Guard members have been activated and are expected to arrive in DC in the coming days.
General Daniel R. Hokanson said Friday that he has also contacted all other states and asked them what capabilities they could contribute if needed.
So far, McCarthy said, they will have 850 National Guard members on Capitol grounds, working 12-hour shifts, and another 90 at various checkpoints. He said there has also been a request from the Park Police for a rapid response force of 150 people, which is likely to be approved. And he said other requests are pouring in.
National Guard leaders from nearby states said their troops are well trained, equipped and prepared for deployment in DC They said their soldiers will be deployed to DC with all their equipment and weapons, and it is up to the local commanders to determine whether the troops will be authorized to transport them, depending on their specific task or situation.
Brig. General David Wood, of the Pennsylvania National Guard, told reporters during a phone call on Friday that his troops will bring the equipment they have.
He added that the goal will be to de-escalate any situation, and the way weapons will be used “will be based on the situation and the intent of the commander.”
Major General Timothy Gowen, Adjutant General for Maryland, said his troops have been deployed in these kinds of volatile conditions in the past and will have the equipment they need to protect themselves.
“I’ll be happier when they get home,” he said. “But I think we have done everything we can to limit the risks.”
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AP National Security Writer Robert Burns contributed to this report.