U.S. Military Civil Disturbance Planning: The War at Home Part One by Frank Morales [police; military; civil disturbances; Garden Plot] Under
the heading of "civil disturbance planning," the U.S. military is
training troops and police to suppress democratic opposition in
America. The master plan, Department of Defense Civil Disturbance Plan
55-2, is code-named, "Operation Garden Plot." Originated in 1968, the
"operational plan" has been updated over the last three decades, most
recently in 1991, was activated during the Los Angeles "riots" of 1992,
and more than likely during the recent anti-WTO "battle in Seattle." Current
U.S. military preparations for suppressing domestic civil disturbance,
including the training of National Guard troops and local police, are
actually part of a long history of American "internal security"
measures dating back to the first American Revolution. Generally, these
measures have sought to thwart the aims of social justice movements,
embodying the concept that within the civilian body politic lurks an
enemy that one day the military might be ordered to fight. Equipped
with flexible "military operations in urban terrain" and "operations
other than war" doctrine, lethal and "less-than-lethal" high-tech
weaponry, U.S. "armed forces" and "elite" militarized police units are
being trained to eradicate "disorder," "disturbance" and "civil
disobedience" in America. Further, it may very well be that
police/military "civil disturbance" planning is the animating force and
the overarching logic behind the incredible nationwide growth of police
paramilitary units, a growth which coincidentally mirrors rising levels
of police violence directed at the American people, particularly
"nonwhite" poor and working people. Recently, Pentagon spokesman
Kenneth H. Bacon "acknowledged that the Air Force wrongfully started
and financed a highly classified, still-secret project, known as a
black program without informing Congress last year." The costs and
nature of these projects "are the most classified secrets in the
Pentagon."1 Could it be that the current U.S. Air Force Civil
Disturbance Plan 55-2, GARDEN PLOT, is one such program financed from
this secret budget? We have a right to know. And following Seattle, we
have the need to know. U.S. military training in civil disturbance
"suppression" is in full operation today. The formulation of
legitimizing doctrine, the training in the "tactics and techniques" of
"civil disturbance suppression," and the use of "non-lethal" weaponry,
are ongoing, financed by tax dollars. The overall operation is called
Garden Plot. And according to the bosses at the Pentagon, "U.S. forces
deployed to assist federal and local authorities during times of civil
disturbance...will follow use-of-force policy found in Department of
Defense Civil Disturbance Plan-GARDEN PLOT." (Joint Chiefs of Staff,
"Standing Rules of Engagement, Appendix A," 1 October 1994.)
Origins of Garden Plot " Knowledge makes a man unfit to be a slave."—Frederick Douglass Rochester,
New York, is the former home of Frederick Douglass's North Star
newspaper. In 1964, it erupted in one of the first large-scale urban
outbursts of the decade. Precipitated by white police violence against
the black community, the July uprising lasted several days, subsiding
only after the arrival of 1,500 National Guardsmen. In "the fall of
1964, the FBI, at the direction of President Johnson, began to make
riot control training available to local police departments, and by
mid-1967 such training assistance had been extended to more than 70,000
officials and civilians."2 On July 29, 1967, President Johnson
issued Executive Order 11365, establishing the National Advisory
Commission on Civil Disorders. It is more commonly known as the Kerner
Commission, named for its chair, former Major General, and then
Governor of Illinois, Otto Kerner. The creation of the commission came
hot on the heels of the violence in Detroit, a conflict which left 43
dead, several hundred wounded, and more than 5,000 people homeless.
Johnson sent troubleshooter Cyrus Vance, later Secretary of Defense, as
his personal observer to Detroit. The commission issued its final
report, completed in less than a year, on March 1, 1968. Although
the Kerner Commission has over the years become associated with a
somewhat benign, if not benevolent character, codifying the obvious,
"we live in two increasingly separate Americas," etc., the fact is that
the commission itself was but one manifestation of a massive
military/police counterinsurgency effort directed against U.S.
citizens, hatched in an era of emergent post-Vietnam "syndrome" coupled
with elite fears of domestic insurrection. While the movement chanted
for peace and revolution, rebellious, angry and destructive urban
uprisings were occurring with alarming frequency, often the result of
the usual spark, police brutality, white on black crime. The so-called
urban riots of 1967-1968 were the zenith, during this period, of social
and class conflict. "More than 160 disorders occurred in some 128
American cities in the first nine months of 1967."3 The executive
order establishing the commission called for an investigation of "the
origins of the recent major civil disorders and the influence, if any,
of organizations or individuals dedicated to the incitement or
encouragement of violence."4 The work of the commission was funded from
President Johnson's "Emergency Fund." The executive order sought
recommendations in three general areas: "short term measures to prevent
riots, better measures to contain riots once they begin, and long term
measures to eliminate riots in the future."5 Their two immediate aims
were "to control and repress black rioters using almost any available
means,"6 and to assure white America that everything was in hand.
Commission members included Charles B. Thorton, Chairman and CEO,
Litton Industries, member of the Defense Industry Advisory Council to
the DoD and the National Security Industrial Association, John L.
Atwood, President and CEO, North American Rockwell Corporation
("Commission Advisor on Private Enterprise"), and Herbert Jenkins,
Atlanta Chief of Police and President of the International Association
of Chiefs of Police. During the early stages of staff recruitment,
commission Deputy Executive Director Victor H. Palmieri "described the
process as a war strategy"7 and so he might, given the overwhelming
presence within the commission and its consultants of military and
police officials. One quarter of more than 200 consultants listed were
big-city police chiefs, like Daryl F. Gates, the former Los Angeles
police chief. Numerous police organizations, including the heavily
funded Law Enforcement Assistance Administration (financiers of SWAT),
guided the commission's deliberations. No less than 30 police
departments were represented on or before the commission by their
chiefs or deputy chiefs. A key player within the commission,
"consultant" Anthony Downs, stated at the time that, "it would be far
cheaper to repress future large-scale urban violence through police and
military action than to pay for effective programs against remaining
poverty."8 As for the military, twelve generals, representing various
branches of the armed services appeared before the commission or served
as contractors. The commission's "Director of Investigations," Milan C.
Miskovsky, was "on leave as assistant general counsel of the treasury,
and formerly connected to the Central Intelligence Agency."9 The
Kerner Commission's "study" of "civil disorder" led directly to
(civilian) recommendations regarding the role of the military in
domestic affairs. The report "commends the Army for the advanced status
of its training." Further, it states that "the Department of the Army
should participate fully in efforts to develop nonlethal weapons and
personal protective equipment appropriate for use in civil disorders."
In addition, "the Army should investigate the possibility of utilizing
psychological techniques to ventilate hostility and lessen tension in
riot control, and incorporate feasible techniques in training the Army
and National Guard units." Under the heading, "Army Response to
Civil Disorders," the commission report states that "the commitment of
federal troops to aid state and local forces in controlling a disorder
is an extraordinary act.... An Army staff task group has recently
examined and reviewed a wide range of topics relating to military
operations to control urban disorders: command and control, logistics,
training, planning, doctrine, personnel, public information,
intelligence, and legal aspects." The results of the Army brass's study
was subsequently, "made known to the National Guard and to top state
and local civil and law enforcement officers in order to stimulate
review at the state and local level."10 The Army Task Force which
assisted the Kerner Commission issued its own report in early 1968. In
it, the Pentagon took a multi-pronged approach to solving the civil
disturbance problem. "Expanding the suggestion of Cyrus Vance, Military
Intelligence—working with the FBI, local, county and state police
forces—undertook a massive domestic intelligence gathering
operation...the Senior Officers Civil Disturbance Course was instituted
at the Military Police Academy in Georgia.... Security forces ranging
from Army troops to local police were trained to implement their
contingency plans.... Contingency plans, called planning packets, were
prepared for every city in the country that had a potential for
student, minority or labor unrest."11 In addition, "the Army Task
Force that had designed this program took on a new name, the
Directorate of Civil Disturbance Planning and Operations. The Army Task
Force transformation into the Directorate occurred during the massive
rioting that broke out in black ghettos of 19 cities after the
assassination of Martin Luther King in April 1968."12 At that time
"seven army infantry brigades, totaling 21,000 troops were available
for riot duty. And a huge, sophisticated computer center kept track of
all public outbursts of political dissent, thereby furnishing the first
of the Army Task Force's prescribed remedies: intelligence."13 By
June of 1968, the Directorate had become the Directorate of Military
Support, setting up shop in the basement of the Pentagon. "Better known
as the domestic war room, the Directorate had 150 officials to carry
out around-the-clock monitoring of civil disorders, as well as to
oversee federal troop deployments when necessary. At the cost of $2.7
million, this massive directorate also developed policy advice for the
secretary of the Army on all disturbances and maintained intelligence
packets on all major U.S. cities."14 Even though the full extent of
U.S. military intelligence activities during this period is far from
generally known, "by 1968, many Justice Department personnel knew that
the military was preparing to move in massively if needed to quash
urban riots, and some officials feared the development of a large
national military riot force. It was well known among top officials
that the Department of Defense was spending far more funds than the
Justice Department on civil disorder preparations...indicative of the
growing trend at the federal level toward repression and control of the
urban black rioters."15 By 1971, Senator Sam Ervin, later of
Watergate renown, had convened his Subcommittee on Constitutional
Rights which "revealed that Military Intelligence had established an
intricate surveillance system covering hundreds of thousands of
American citizens. Committee staff members had seen a master
plan—Garden Plot-that gave an eagle eye view of the Army-National Guard
police strategy."16 "At first, the Garden Plot exercises focused
primarily on racial conflict. But beginning in 1970, the scenarios took
a different twist. The joint teams, made up of cops, soldiers and
spies, began practicing battle with large groups of protesters.
California, under the leadership of Ronald Reagan, was among the most
enthusiastic participants in Garden Plot war games."17 As time went
on, "Garden Plot evolved into a series of annual training exercises
based on contingency plans to undercut riots and demonstrations,
ultimately developed for every major city in the United States.
Participants in the exercises included key officials from all law
enforcement agencies in the nation, as well as the National Guard, the
military, and representatives of the intelligence community....
According to the plan, joint teams would react to a variety of
scenarios based on information gathered through political espionage and
informants. The object was to quell urban unrest...."18 Unrest of a
different sort took place on the evening of February 27, 1973. At that
time, a group of Native Americans occupied a trading post in the
village of Wounded Knee on the Pine Ridge Reservation in South Dakota.
By March 2, the takeover had "triggered the army contingency plan for
domestic disturbances. Emergency Plans White—now coded as Garden
Plot—brought the Army into South Dakota.... Three army colonels,
disguised as civilians, and reconnaissance planes assisted," while "the
Justice Department used the army to conduct intelligence for civilian
law enforcement around Wounded Knee."19 Information on other instances
in which Garden Plot was "triggered" over the intervening years is
presently locked in Pentagon vaults. In essence, the contemporary
roots of militarized efforts to suppress domestic rebellion lie in the
U.S. Army's master plan, "Department of Defense Civil Disturbance Plan
55-2, GARDEN PLOT." Since at least 1968, the military has expended
millions of dollars in this effort. The plan is operative right now,
most recently during and after the Los Angeles uprising of 1992. A view
into details of this plan is possible by way of an examination of
"United States Air Force Civil Disturbance Plan 55-2, GARDEN PLOT,"
which is the "implementing" and "supporting plan for the Department of
the Army (DA) Civil Disturbance Plan—GARDEN PLOT—dated 1 March 1984
[which] provides for the employment of USAF forces in civil
disturbances." It is specifically drawn up "to support the Secretary of
the Army, as DOD Executive Agent for civil disturbance control
operations (nicknamed GARDEN PLOT), with airlift and logistical
support, in assisting civil authorities in the restoration of law and
order through appropriate military commanders in the 50 States,
District of Columbia, the Commonwealth of Puerto Rico and U.S.
possessions and territories, or any political subdivision thereof." The
plan "is effective for planning on receipt and for execution on
order."20 U.S. Air Force 55-2—Garden Plot " The long title of
the plan is United States Air Force Civil Disturbance Plan 55-2,
Employment of USAF Forces in Civil Disturbances. The short title...is
USAF Civil Disturbance Plan 55-2. The nickname assigned by Department
of the Army is GARDEN PLOT." The plan opens with some basic
"assumptions," namely that "civil disturbances requiring intervention
with military forces may occur simultaneously in any of the 50 States,
District of Columbia, Commonwealth of Puerto Rico, U.S. possessions and
territories." And like the current situation in Vieques, Puerto Rico,
"civil disturbances will normally develop over a period of time." In
the event it evolves into a confrontational situation, under Garden
Plot, it is a "presidential executive order" that "will authorize and
direct the Secretary of Defense to use the Armed Forces of the United
States to restore law and order." According to the Air Force plan,
the military will attempt "to suppress rebellion whenever the President
considers that unlawful obstructions, combinations, or assemblages, or
rebellion against the authority of the United States, make it
impractical to enforce the laws of the United States in any state or
territory by the ordinary course of judicial proceedings...(10 USC
332)." Applying its own version of equal protection under the law, the
military can intervene "when insurrection, domestic violence, unlawful
combinations, or conspiracies in a state so hinder or obstruct the
execution of the laws as to deprive individuals of their constitutional
rights, privileges, and immunities or when the insurrection impedes the
due course of justice, and only when the constituted authorities of the
state are unable, fail or refuse to protect that right, privilege,
immunity, or to give that protection (10 USC 333)." In other words, the
Army makes an offer of "protection" that the citizenry can't refuse. According
to the Air Force plan's "Classification Guidance," the roughly 200 page
document "is UNCLASSIFIED and does not come within the scope of
direction governing the protection of information affecting national
security. Although it is UNCLASSIFIED, it is FOR OFFICIAL USE ONLY as
directed by AFR 12-30. This plan contains information that is of
internal use to DOD and, through disclosure, would tend to allow
persons to violate the law or hinder enforcement of the law."
Consequently, the plan's "operations orders and operating procedures
must be designed to provide the highest degree of security possible."
Therefore "the entire staff should identify known or suspected
opposition awareness of previous operations and operations plans,"
while "procedures should be designed to eliminate the suspect sources
to the degree possible." And "in the event of organized opposition...
some sort of advisory intelligence gathering capability should be
assumed." The Air Force document warns, under the heading of "Open
Literature Threat," presaging current military discourse on "info-war,"
that "any information/document, though seemingly unclassified, which
reveals information concerning this Plan is a threat to OPSEC
(operational security)" This is especially true given the nature of the
"Human Intelligence (HUMINT) Threat." Recognizing that, "prior to and
during sustained military operations in Support of the Plan, the
potential HUMINT threat could be considerable," the plan recommends
that "every effort should be made to reduce vulnerability to this
threat by adhering to OPSEC procedures and safeguarding Essential
Elements of Friendly Information (EEFI)." Under "Operations to be
Conducted: Deployment," the Air Force plan states that "a civil
disturbance condition (CIDCON) system has been established to provide
an orderly and timely increase in preparedness for designated forces to
deploy for civil disturbances control operations, will be on an as
required basis for USAF resources for such operations as aerial
resupply, aerial reconnaisance, airborne psychological operations,
command and control communications systems, aeromedical evacuation,
helicopter and weather support." The Air Force does have some
experience in this area. "In response to the U.S. invasion of Cambodia,
student unrest broke out. Under Operation Garden Plot, from April 30
through May 4, 1970, 9th Air Force airlift units transported civil
disturbance control forces from Ft. Bragg to various locations
throughout the eastern U.S."21 In fact, two years earlier, "Air Force
Reserve C-119 and C-124 units participated in Garden Plot operations
set up to quell domestic strife that followed the assassination of
Martin Luther King."22 Although the section on "Counterintelligence
Targets and Requirements" is "omitted," the plan does specify its
targets, namely, those "disruptive elements, extremists or dissidents
perpetrating civil disorder." A "civil disturbance" is defined as a
"riot, acts of violence, insurrections, unlawful obstructions or
assemblages, or other disorders prejudicial to public law and order.
The term civil disturbance includes all domestic conditions requiring
the use of federal armed forces pursuant to the provisions of Chapter
15, Title 10, United States Code." Conditions precipitating Garden Plot
activation are "those that threaten to reach or have reached such
proportions that civil authorities cannot or will not maintain public
order." As for legal authority, "the Constitution of the United States
and numerous statutes provide the President with the authority to
commit Federal military forces within the United States... DOD
Directive 3025.12 provides guidance in committing Federal armed
forces." The "application of forces should be in the following
order: local and state police, Army and (in support role) Air National
Guard under State control, Federal civil law enforcement officials,
federal military forces to include Army and (in support role) Air
National Guard." According to the plan, "State Adjutants General
prepare civil disturbance plans for the employment of National Guard
units under state control." Specifically, "as a general rule for
planning purposes, the minimum forces to be supported in any single
objective area is 5,000. The maximum to be supported is 12,000 for any
objective area other than Washington, D.C., and 18,000 for Washington,
D.C." The "objective areas" are "those specified by the Presidential
Proclamation and Executive Order in which the Secretary of Defense has
been directed to restore law and order," and as "further defined by the
Letter of Instruction issued to Task Force Commanders by the Chief of
Staff, US Army." In order to avoid the unseemly implications of
"martial law," "requirements for the commitment of Federal military
forces will not result in the declaration of a National Emergency." In
this regard, the "Public Affairs Objectives" include the development of
"procedures for the public release of appropriate information
regarding...civil disturbance control operations." Media and other
queries "concerning employment of control forces...may be locally
answered by an interim statement that the Department of Defense policy
is not to comment on plans concerning the possible employment of
military units and resources to carry out assigned missions." Concerning
"Force Requirements," the plan states that, "US Army and Marine Corps
units designated for civil disturbance operations will be trained,
equipped and maintained in readiness for rapid deployment, (with) ten
brigades, prepared for rapid deployment anywhere in CONUS. A Quick
Reaction Force (QRF) will be considered to be on a 24-hour alert status
and capable of attaining a CIDCON 4 status in 12 hours...." Upon
receipt of orders, "the Task Force Commander assumes operational
control of the military ground forces assigned for employment in the
objective area," including "special operations assets." The "Summary
of the Counterintelligence and Security Situation" states that
"spontaneous civil disturbances which involve large numbers of persons
and/or which continue for a considerable period of time, may exceed the
capacity of local civil law enforcement agencies to suppress. Although
this type of activity can arise without warning as a result of sudden,
unanticipated popular unrest (past riots in such cities as Miami,
Detroit and Los Angeles serve as examples), it may also result from
more prolonged dissidence." USAF Garden Plot advises that "if military
forces are called upon to restore order, they must expect to have only
limited information available regarding the perpetrators, their
motives, capabilities, and intentions. On the other hand, such events
which occur as part of a prolonged series of dissident acts will
usually permit the advance collection of that type of information..." The
United States Army Training and Doctrine Command (TRADOC), "provides
training programs and doctrine for civil disturbance operations to
military services." The U.S. Army Force Command (FORSCOM) "organizes,
trains, and maintains in readiness Army forces for civil disturbance
operations," while the Director of Military Support (DOMS) "conducts,
on a no-notice basis, exercises which direct headquarters of uniformed
services, appropriate CONUS command, and other DOD components, having
GARDEN PLOT responsibilities to assume a simulated increased
preparedness for specified forces." In addition, the DOMS "maintains an
around-the-clock civil disturbance command center to monitor incipient
and ongoing disturbances." The document, the United States Air
Force's "implementing plan" for the U.S. Army's Civil Disturbance Plan
55-2, GARDEN PLOT, goes on to detail every aspect of military
"suppression" of "rebellion against the authority of the United
States," including who pays, who bills and how to secure "loans" to
cover the costs "attributable to GARDEN PLOT." Ominously, under
"Resources Employed Without Presidential Directive," the document
states that when the "immediate employment of military resources is
required in cases of sudden and unexpected civil disturbances or other
emergencies endangering life or federal property, or disrupting the
normal processes of Government, expenses incurred will be financed as a
mission responsibility of the DOD component employing the military
resources." Pentagon Directives " Department of Defense
Directive 3025.12, Military Assistance for Civil Disturbances (MACDIS)"
became effective on February 4, 1994, when signed by then Defense
Secretary William Perry. It states that, "the President is authorized
by the Constitution and laws of the United States to suppress
insurrections, rebellions, and domestic violence under various
conditions and circumstances. Planning and preparedness by the Federal
Government and the Department of Defense for civil disturbances are
important, due to the potential severity of the consequences of such
events for the Nation and the population." Further, "the Secretary of
the Army, as DoD Executive Agent, shall provide guidance to the other
DoD Components, through DoD 3025.12-R, the DoD Civil Disturbance Plan
(GARDEN PLOT), or both, in accordance with this Directive." DoDD
3025.12 makes it clear that "MACDIS operations are unprogrammed
emergency requirements for the Department of Defense," and that in
order to "ensure essential control and sound management of all military
forces employed in MACDIS operations, centralized direction from the
DoD Executive Agent (the Army) shall guide planning by the DoD
component." Thus, "MACDIS missions shall be decentralized through the
DoD Planning Agents or other Joint Task Force Commanders only when
specifically directed by the DoD Executive Agent." According to
the directive, the "Army and Air National Guard forces have primary
responsibility for providing military assistance to state and local
governments in civil disturbances." Accordingly, "the Army National
Guard State Area Commands (STARCs) shall plan for contingency use of
non-Federalized National Guard forces for civil disturbance
operations." The directive further outlines policy, guidelines, and
legal justification for "military assistance for civil disturbances,"
including policy regarding domestic law enforcement, designating the
Army as "the principal point of contact between the Department of
Defense (DoD) and the Department of Justice (DoJ) for planning and
executing MACDIS."23 The militarization of domestic "law
enforcement" is founded, in part, upon "Department of Defense Directive
5525.5, DoD Cooperation with Civilian Law Enforcement Officials," dated
January 15, 1986, five years after congressional "drug warriors" passed
the Military Cooperation with Civilian Law Enforcement Agencies Act.
Referencing the 1971 version of DODD 3025.12 (above), the directive
states that, "it is DoD policy to cooperate with civilian law
enforcement officials to the extent practical...consistent with the
needs of national security and military preparedness." In addition,
"the Military Departments and Defense Agencies may provide training to
Federal, State, and local civilian law enforcement officials." Apparently,
military Judge Advocates (lawyers) have no problem with the 1878 Posse
Comitatus Act (18 USC 1385), which states: "Whoever, except in cases
and under circumstances expressly authorized by the Constitution or Act
of Congress, willfully uses any part of the Army or the Air Force as a
posse comitatus or otherwise to execute the laws shall be fined not
more than $10,000 or imprisoned not more than two years or both." Nor
is there much concern shown for "the historic tradition of limiting
direct military involvement in civilian law enforcement activities."
Even though the Act is cited within the directive as "the primary
restriction on military participation in civilian law enforcement
activities," it is rendered null and void in deference to "actions that
are taken for the primary purpose of furthering a military or foreign
affairs function." In fact, "under guidance established by the
Secretaries of the Military Departments and the Directors of the
Defense Agencies concerned, the planning and execution of compatible
military training and operations may take into account the needs of
civilian law enforcement officials for information when the collection
of the information is an incidental aspect of training performed for a
military purpose."24 "United States Army Field Manual 19-15, Civil
Disturbances," dated November 1985, is designed to provide hands-on
"guidance for the commander and his staff in preparing for and
providing assistance to civil authorities in civil disturbance control
operations." The Army manual opens by noting that, "the DA Civil
Disturbance Plan, known as Garden Plot, provides guidance to all DOD
components in planning civil disturbance missions." Its thirteen
chapters cover, in depth, every aspect of military "tasks and
techniques employed to control civil disturbances and neutralize
special threats." Subjects include the nature of civil disturbances,
participants ("the crowd"), federal intervention, information planning
("intelligence"), control force operations, crowd control operations,
threat analysis ("criminal activists"), about which "law enforcement
sources can provide useful information," riot control agents, extreme
force options, apprehension, detention, and training. According to
the Army manual, "civil disturbances in any form are prejudicial to
public law and order." They "arise from acts of civil disobedience,"
and "occur most often when participants in mass acts of civil
disobedience become antagonistic toward authority, and authorities must
struggle to wrest the initiative from an unruly crowd." They are caused
by "political grievances" and "urban economic conflicts," or maybe even
by "agents of foreign nations," but mostly, "urban conflicts and
community unrest arise from highly emotional social and economic
issues." And in a statement that resonates with the "benign neglect" of
some years ago, the manual points out that disturbances may arise
because "economically deprived inner-city residents may perceive
themselves treated unjustly or ignored by the people in power." Utilizing
Garden Plot language, the manual states that "the president can employ
armed federal troops to suppress insurrection, domestic violence,
unlawful assemblies, and conspiracy if such acts deprive the people of
their constitutional rights and a state's civil authorities cannot or
will not provide adequate protection." Never mind the Congress or
Constitution, "federal intervention in civil disturbances begins with
the issuance of a presidential proclamation to the citizens engaged in
the disturbance." In other words, the President reads "the riot act"
and "a control force" is sent in to "isolate the disturbance area." The
goal is to "isolate the people creating the disturbance from those who
have not yet become actively involved." According to FM 19-15, the
Army can gather intelligence on civilians if their "activities can be
linked directly to a distinct threat of a civil disturbance that may
involve federal forces." This is especially important, given that
"during civil disturbances many people engage in unlawful behavior."
Therefore, "when at all possible, civil law enforcement agents are
integrated with the military control force team making apprehensions,"
and "if police are not available, military personnel may search people
incident to an apprehension." Useful measures for "isolating an area
include barriers, patrols, pass and ID systems, and control of public
utilities." Also, "imposing a curfew is a highly effective control
measure in many civil disturbances." Army "saturation patrols,"
"integrated with civil police patrols," blanket the area, creating "the
psychological impression of the control force being everywhere at once." The
Army field manual points out that when "control forces" resort to
"forceful measures," they can turn to a host of weaponry, including
"the M234, which is a nondeadly force measure, to the machine gun,
which is the most deadly force measure." The manual states that
"machine guns, 7.62 millimeter and below, may accompany units on civil
disturbance missions." In addition, the "control forces" can utilize
the M234 launcher, which is "a riot control weapon" mounted on an M16
rifle which "fires a projectile that causes pain on impact." In
addition, "the riot shotgun is an extremely versatile weapon. Its
appearance and capability have a strong psychological effect on
rioters." The concept of martial rule, as distinct from martial
law, is not written, and therefore is an eminently more workable
arrangement for "law enforcement forces." That is because, as FM 19-15
points out, "martial rule is based on public necessity. Public
necessity in this sense means public safety." According to the manual,
U.S. state authorities "may take such action within their own
jurisdictions." And yet, "whether or not martial rule has been
proclaimed, commanders must weigh each proposed action against the
threat to public order and safety. If the need for martial rule arises,
the military commander at the scene must so inform the Army Chief of
Staff and await instructions. If martial rule is imposed, the civilian
population must be informed of the restrictions and rules of conduct
that the military can enforce." Realizing the power of free speech, the
manual suggests that "during a civil disturbance, it may be advisable
to prevent people from assembling. Civil law can make it unlawful for
people to meet to plan an act of violence, rioting, or civil
disturbance. Prohibitions on assembly may forbid gatherings at any
place and time." And don't forget, "making hostile or inflammatory
speeches advocating the overthrow of the lawful government and threats
against public officials, if it endangered public safety, could violate
such law." During civil disturbance operations, "authorities must
be prepared to detain large numbers of people," forcing them into
existing, though expanded "detention facilities." Cautioning that "if
there are more detainees than civil detention facilities can handle,
civil authorities may ask the control forces to set up and operate
temporary facilities." Pending the approval of the Army Chief of Staff,
the military can detain and jail citizens en masse. "The temporary
facilities are set up on the nearest military installation or on
suitable property under federal control." These "temporary facilities"
are "supervised and controlled by MP officers and NCOs trained and
experienced in Army correctional operations. Guards and support
personnel under direct supervision and control of MP officers and NCOs
need not be trained or experienced in Army correctional operations. But
they must be specifically instructed and closely supervised in the
proper use of force...." According to the Army, the detention
facilities are situated near to the "disturbance area," but far enough
away "not to be endangered by riotous acts." Given the large numbers of
potential detainees, the logistics (holding, searching, processing
areas) of such an undertaking, new construction of such facilities "may
be needed to provide the segregation for ensuring effective control and
administration." It must be designed and "organized for a smooth flow
of traffic," while a medical "treatment area" would be utilized as a
"separate holding area for injured detainees." After a "detainee is
logged in and searched," "a file is initiated," and a "case number"
identifies the prisoner. In addition, "facility personnel also may use
hospital ID tags. Using indelible ink, they write the case number and
attach the tag to the detainee's wrist. Different colors may be used to
identify different offender classifications...." Finally, if and when
it should occur, "release procedures must be coordinated with civil
authorities and appropriate legal counsel." If the "detainee" should
produce a writ of habeas corpus issued by a state court, thereby
demanding ones' day in court, the Army will "respectfully reply that
the prisoner is being held by authority of the United States." Finally,
apparently the new millennium has brought with it a renewed desire on
the part of the military to circulate the particulars of the Garden
Plot plan among the troops. This past January 28, the Army's Center for
Lessons Learned published various sections of the most recent, February
15, 1991 version of the plan on its web site.25 The timing is indeed
interesting. Some of the online sections include "Annex A: Task
Organization, Forces, and Reaction Times to Department of Defense Civil
Disturbance Plan," "Annex D: Logistics...Intelligence and the Basic
Plan" and the "Alert Order," "Annex G: Communications and Information
Management." Only the material is restricted to military personnel, for
now. Notes: Frank Morales is an Episcopal priest and
independent researcher and pamphleteer who is active on Manhattan's
Lower East Side. An expanded version of this rticle can be found on
CovertAction Quarterly's web site. Part Two will be published in the
next issue. 1. New York Times, "Pentagon Misused Millions in Funds,
House Panel Says," July 22, 1999, p. A1. See also, on the subject of
"unacknowledged Special Access Programs" wherein "the USAF's $7.4
billion budget for classified procurement is more than a third of the
service's total budget," Bill Sweetman, "In search of the Pentagon's
billion dollar hidden budgets: how the US keeps its R&D spending
under wraps," International Defense Review, Jane's Defense Weekly, Jan.
2000, www.janes.com/defence/editors/ pentagon.html. 2. James W. Button, Black Violence: The Political Impact of the 1960's Riots, (Princeton: University Press, 1978), p. 116. 3.
Ibid., p.121. Also see Cyrus R. Vance, Final Report of Cyrus R. Vance,
Special Assistant to the Secretary of Defense, Concerning the Detroit
Riots, July 23 through August 2, 1967. 4. Michael Lipsky and David
J. Olson, Commission Politics: The Processing of Racial Crisis in
America (New York: Transaction Books, 1971), p. 161. The Executive
Order is reprinted in U.S. Riot Commission Report (New York: Bantam
Books, 1968), pp. 34-35. 5. Lipsky and Olson, op cit., n. 4., p.
163, citing a transcription of Lyndon B. Johnson, "Statement by the
President," July 29, 1967. 6. Op. cit., n. 2, p. 107. 7. Lipsky and Olson, op. cit., n. 4, p. 165. 8.
Anthony Downs, Opening Up the Suburbs: An Urban Strategy for America
(New Haven: Yale University Press, 1973), p. 176. Downs, a leading
"housing expert," believed that the key to effective urban based
counterinsurgency was the notion of "spatial deconcentration," or the
"adequate outmigration of the poor" from the cities. Downs wrote
Chapters 16 and 17 of the Kerner Report which deal with "housing." He
is the leading exponent of "deliberate dispersal policies" designed to
"disperse the urban poor more effectively." The origins of
"homelessness" (state repression) lie here. 9. Lipsky and Olson, op. cit., n. 4, p. 168. 10. Report of the National Advisory Commission on Civil Disorders, Washington, D.C., March 1, 1968, pp. 279-81. 11. Ron Ridenhour and Arthur Lubow, "Bringing the War Home," New Times Magazine, 1975, p. 20. 12. Ibid. 13. Ibid. 14. Op. cit., n. 2, p. 133. 15. Ibid. 16. Op. cit., n. 11, p. 18. 17. Donald Goldberg and Indy Badhwar, "Blueprint for Tyranny," Penthouse Magazine, Aug. 1985, p. 72. 18. Ibid. 19.
Joan M. Jensen, Army Surveillance in America, 1775-1980 (New Haven:
Yale University Press, 1991), pp. 257-58. This excellent historical
account actually does what it says, tracing American "internal security
measures" right back to the "founders." 20. United States Air Force
Civil Disturbance Plan 55-2, Garden Plot, Headquarters, United States
Air Force, June 1, 1984 (roughly 200 pages, not paginated). 21. Federation of American Scientists, Military Analysis Network, "Garden Plot," Nov. 1998. 22.
U.S. Air Force News Service, Kelly Air Force Base, Texas, "Air Force
50th Anniversary: April History," March 25, 1997, p. 2. In fact, Garden
Plot may have been operative prior and during the assassination of
Martin Luther King, Jr. William F. Pepper, attorney for the late James
Earl Ray, as well as the King family in their current attempts to get
to the bottom of the murder, claims, in Orders To Kill (Secaucus, N.J.:
Carroll and Graf, 1995), p. 424, that the orders to kill King, which
were delivered to Special Forces operatives in Memphis were tied to
Garden Plot. Pepper states that the orders to kill King "appeared to
come from the office of the Joint Chiefs of Staff and were issued under
the umbrella of the anti-black terrorist operation Garden Plot which
was a part of the overall U.S. Command antiriot operation which was
activated with the outbreak of any major riot." 23. Department of
Defense Directive 3025.12, "Military Assistance for Civil Disturbances
(MACDIS), Feb. 4, 1994" (web7.whs.osd.mil/text/ d302512p. txt). Note:
DoDD 3025.12 is one of 4 correlated directives that deal with civil
disturbance. The others include DoDD 3025.1, "Military Support to Civil
Authorities (Jan. 1993)," DoDD 3025.15, "Military Assistance for Civil
Authorities (Feb. 1997)," and DoDD 3025.1-M, "Manual for Civil
Emergencies (June 1994)." 24. Department of Defense Directive
5525.5, "DoD Cooperation With Civilian Law Enforcement Officials," Jan.
15, 1986 (http://www.ngb.dtic.mil/referenc/briefngs/wmd/DODD5525.5DoD
Cooperation with Civilian Law Enforcement Officials.htm). 25. See
for example, Headquarters, Department of the Army, Washington, D.C.,
20310-0440, "DOD Civil Disturbance Plan," Feb. 15, 1991. Site posted
Jan. 28, 2000, at http://freddie.forsecom.army.mil/
maca/GARDENPLOT/preface.doc.
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