positioning of troops in a cordon in the vicinity of the White House during the demonstration is necessary to the carrying out of his protective functions. One other factor might be noted. The President has signified his intention to be at Cape Kennedy on November 14. If this present plan materializes, he would be absent from the White House during part of the planned demonstrations. Nevertheless, this factor would not alone justify a conclusion that positioning of troops in the vicinity of the White House is unwarranted. The The protective function extends to the President's family as well as himself and to the Vice-President. Supreme Court indicated in Watts v. United States, supra, that it extends to the performance of the President's duties as well as his person. The protection of the Vice-President, should he be in his executive office, or to members of the President's family in the White House would justify necessary protective measures. over, the protection of the President with respect tc performance of his duties requires that he be assured More safe and immediate access to his primary office in the White House at all times. Assuring such access, even in his temporary absence, would appear to be a necessary concomitant of the protective functions of the Secret Service. william William H. Rehnquist Assistant Attorney General JNM:WI. :la 1, 1971 MEMORANDUN FOR THE SECRETARY OF DEFENSE : Pursuant to the Interdepartmental Action Plan of April 1, 1969, and our orandum of understanding of November 12, 1989, the President as directed me, and I accordingly direct you, to deploy and use such numbers of the Armed Forces of the United States and of the D. C. National Guard as may be required to protect against unlawful interference the property, personnel and functions of the Federal and District of Columbia Governants, including the unlawful interference with formal travel patterns of federal employees to their place of work in the city of Washington and in neighboring federal installations on May 1 through 5. It is my opinion, and I so advise you, that the Armed Forces may be so used without the necessity of a Presidential Proclamation under 10 U.S.C. 334, and without violation or tac Posse Comitatus Act. The authority of the President extends to the use of such measures as may be required, including the use of troops as above directed, to preserve the normal operations of the Federal Government. It is quite plain that the announced intentions of those who seek to disrupt the operations of the Government during the beginning of next week may well be successful unless, in addition to regular law enforcement personnel, the Armed Forces are likewise made available in tas manner described above. The Federal Government has both the right and the duty to assure itself of the essential services of the countless federal employees who regularly work in the City of Washington and at neighboring federal installations. Attorney General THE NEW YORK TIMES, TUESDAY, JULY 7, 1981 Since first coming to Congress, I have Far from being a "radical intru- Anyone who maintains that stopping cotics trafficking is a multibillion-dol- Our ability to deal with these smug- Dr. Pyle's assertion that my provi and facilities would turn the armed It is difficult to imagine any scenario Dr. Pyle raised these same points CHARLES E. BENNETT SATURDAY, JULY 4, 1981 Pentagon Balking at Joining Drug War By STUART TAYLOR Jr. Special to The New York TimOS WASHINGTON, June 28 - Proposals to involve the armed forces more actively in stemming the huge flow of ille gal drugs and illegal aliens into the United States have won the qualified endorsement of the Justice Department and may result in potentially far-reaching legislation this year. aircraft on missions outside the United States aimed at seizing drugs and arresting smugglers, and on missions any where aimed at surveillance of air and sea traffic. Mr. Giuliani's position, explained in a June 8 letter to the chairman of the House Judiciary Committee, Peter W. Rodino Jr., Democrat of New Jersey, differs in some respects from that taken by the Defense Department's general counsel, William H. Taft 4th. But these proposals have aroused concern and opposition among two unlikely bedfellows, the Pentagon and the American Civil Liberties Union, as well as other civil libertarians, including former Senator Sam J. Ervin Jr. of North Carolina, who are concerned about the American tradition of keeping the military separate from routine law enforcemake arrests or seizures. ment. Supporters of a more active military role in combating illegal drug traffic assert that the nation's vast military resources and manpower "could be of major assistance in stemming violent crime or conditions which contribute to it," in the words of a report earlier this month by the Attorney General's Task Force on Violent Crime. The Senate and the Armed Services and Judiciary Committees of the House have all approved proposals to authorize and encourage greater military assistance to civilian law-enforcement officials. Differences in Views All three versions provide for sharing military intelligence and equipment, but there is considerable disagreement among sponsors of the competing versions as to whether military personnel should be authorized to operate equipment used for law-enforcement purposes or to participate in arrests, searches and seizure. Associate Attorney General Rudolph W. Giuliani has approved proposed legislation authorizing the use of mili ary personnel to assist law-enforcement agencies by operating ships and Mr. Taft has opposed new legislation that would involve military personnel in tense or violent confrontations, which could arise if the crews of naval vessels or military helicopters accompanied law-enforcement officials seeking to Civil Liberties Issue Broader concerns have also been raised by Defense Department officials and civil libertarians alike. They fear that any erosion of the long tradition of keeping the armed forces out of routine law enforcement, embodied in the Posse Comitatus Act of 1878, could detract from military preparedness, blur the historic separation between the military and civilian government and threaten civil liberties. "The military forces should never be used for law-enforcement purposes, even for the purpose of suppressing the drug traffic," Mr. Ervin wrote in a June 2 letter to Representative William J. Hughes, Democrat of New Jersey, chairman of the Judiciary Subcommittee on Crime. Mr. Ervin recalled such past abuses as the widespread spying on civilians by Army intelligence agents in the 1960's. The Posse Comitatus Act in its present form makes it a crime to use "any part of the Army or Air Force as a posse comitatus or otherwise to execute the laws." A posse comitatus is defined as a vigilante group summoned by a sheriff or lawmaker to help keep the peace, as in a riot. The law's limitations have been ap plied to the Navy by internal rule. Congress has carved out many exceptions to the law in the past, including suppres sion of insurrections and other civil disorders. The law has also been interpreted to allow such incidental forms of military cooperation with law enforcement as letting Drug Enforcement Administra tion agents ride along on military training flights and radar planes to looks for low-flying aircraft smuggling drugs. The special advisory group's report recommended that the Attorney General ask the Navy to help "detect airborne and waterborne drug traffic," as be is authorized to do under current law. The proposal that is currently the focus of discussion in the house was attached to the Defense Department's authorization bill by Representative Charles E. Bennett, Democrat of Florida. The Bennett proposal, which the House Armed Services Committee ap proved in May, would amend the Posse Comitatus Act to authorize, but not re quire, the Defense Department to help drug enforcement officials operate loaned military equipment and assist in drug seizures and arrests. It would also seek to remove legal doubts as to the Defense Department's authority to share "Information collected during the normal course of mili tary operations" with law-enforcement officials, to lend military equipment, base facilities and research facilities, and to provide training and advice. Mr. Giuliani's letter approved an amended version of the Bennett proposal. It would specify that military crews may accompany civilian law enforcement officials making arrests, searches and seizures only on missions outside the United States, and that even on such extraterritorial missions the participation of the military personnel should be limited to operating the equip ment. |