Operation Garden Plot

[Magda Hassan]

Contains some of the previous article and other sources.

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U.S. MILITARY CIVIL DISTURBANCE PLANNING: THE WAR AT HOME

By Frank Morales

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. The plan 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 police, are 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 have to fight, or at least 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, US "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 "non-white" poor and working people.
Military spokespeople, "judge advocates" (lawyers) and their congressional supporters aggressively take the position that legal obstacles to military involvement in domestic law enforcement civil disturbance operations, such as the 1878 Posse Comitatus Act, have been nullified. Legislated "exceptions" and private commercialization of various aspects of U.S. military-law enforcement efforts have supposedly removed their activities from the legal reach of the "public domain". Possibly illegal, ostensible "training" scenarios like the recent "Operation Urban Warrior" no-notice "urban terrain" war games, which took place in dozens of American cities, are thinly disguised "civil disturbance suppression" exercises. Meanwhile, President Clinton recently appointed a "domestic military czar", a sort of national chief of police. You can bet that he is well versed in Garden Plot requirements involved in "homeland defense".
Ominously, many assume that the training of military and police forces to suppress "outlawed" behavior of citizens, along with the creation of extensive and sophisticated "emergency" social response networks set to spring into action in the event of "civil unrest", is prudent and acceptable in a democracy. And yet, does not this assumption beg the question as to what civil unrest is? One could argue for example, that civil disturbance is nothing less than democracy in action, a message to the powers-that-be that the people want change. In this instance "disturbing behavior" may actually be the exercising of ones' right to resist oppression. Unfortunately, the American corporate/military directorship, which has the power to enforce its' definition of "disorder", sees democracy as a threat and permanent counter-revolution as a "national security" requirement.
The elite military/corporate sponsors of Garden Plot have their reasons for civil disturbance contingency planning. Lets' call it the paranoia of the thief. Their rationale is simple: self-preservation. Fostering severe and targeted "austerity", massive inequality and unbridled greed, while shifting more and more billions to the generals and the rich, the de-regulated "entities of force" and their interlocking corporate directors know quite well what their policies are engendering, namely, a growing resistance.
Consequently, they are systematically organizing to protect their interests, their profits, and their criminal conspiracies. To this end, they are rapidly consolidating an infrastructure of repression designed to "suppress rebellion" against their "authority". Or more conveniently put, to suppress "rebellion against the authority of the United States." And so, as the Pentagon Incorporated increases its¹ imperialist violence around the world, the chickens have indeed come home to roost here in America in the form of a national security doctrine obsessed with domestic "insurgency" and the need to pre-emptively neutralize it. Its' code-name: "Garden Plot".
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 United States 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.
As this and numerous other documents reveal, U.S. military training in civil disturbance "suppression", which targets the American public, 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, "US forces deployed to assist federal and local authorities during times if civil disturbanceŠwill 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 OPERATION GARDEN PLOT
"Knowledge makes a man unfit to be a slave."
-- Frederick Douglass
Rochester, New York is the former home of Frederick Douglass¹s, 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 1500 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 it¹s 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 over 5,000 people homeless. Johnson sent troubleshooter Cyrus Vance, later Secretary of Defense, as his personal observer to Detroit. The commission issued its¹ 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 America¹s" etc., the fact is that the commission itself was but one manifestation of a massive military/police counter-insurgency effort directed against US 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, usually 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 Johnson¹s "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 its¹ consultants of military and police officials. One quarter of over 200 consultants listed were big-city police chiefs, like Daryl F. Gates, former chief LAPD. Numerous police organizations, including the heavily funded Law Enforcement Assistance Administration (financiers of SWAT), guided the commission¹s 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 commission¹s "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 Commission¹s "study" of "civil disorder" lead directly to (civilian) recommendations regarding the role of the military in domestic affairs. The report dutifully "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 actŠAn 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 brass¹s 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 its¹ 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 operationŠthe Senior Officers Civil Disturbance Course was instituted at the Military Police Academy in GeorgiaŠSecurity forces ranging from Army troops to local police were trained to implement their contingency plansŠContingency 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 hugh, sophisticated computer center kept track of all public outbursts of political dissent, thereby furnishing the first of the Army Task Force¹s 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 US 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 preparationsŠindicative 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 reknown, 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 communityŠAccording 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 unrestŠ"(18)
Unrest of a different sort took place on the evening of February 27th 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 the 2nd of March the takeover had "triggered the army contingency plan for domestic disturbances. Emergency Plans White * now coded as Garden Plot * brought the Army into South DakotaŠThree 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 US Army¹s 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 US 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 of this document 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, US 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 proceedingsŠ(10 USC 332)". Applying its¹ 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 can¹t refuse.
T.Alden Williams, in a sympathetic 1969 treatment of the Army in civil disturbances, put it this way: "Where officials have not shown determination, or have invited violence by predicting it, violence has developed. Hence, it follows that with few exceptions, serious riots are evidence of police failure and that, implicitly, it is at the point of police failure that states and their cities redeem their national constitutional guarantees and the Regular Army may be asked to intervene."(21) Some redemption.
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 plan¹s "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 oppositionŠsome 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 which 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, airborn 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 US invasion of Cambodia, student unrest broke out. Under Operation Garden Plot, from 30 April through May 4, 1970, 9th Air Force airlift units transported civil disturbance control forces from Ft. Bragg to various locations throughout the eastern US."(22) 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."(23)
Although the section on "Counterintelligence Targets and Requirements" is "omitted", the plan does specify its¹ 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 StatesŠDOD 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, DC and 18,000 for Washington, DC." 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 regardingŠcivil disturbance control operations." Media and other queries "concerning employment of control forcesŠmay 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 hoursŠ" Upon receipt of orders, "the Task Force Commander assumes operational control of the military ground forces assigned for employment in the objective area", including "specials operations assets." In case the soldiers are unfamiliar with "urban terrain", the "Defense Mapping Agency Topographic Center provides map services in support of civil disturbance planning and operations."
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 informationŠ"
The United States Army Training and Doctrine Command (TRADOC), "provides training programs and doctrine for civil disturbance operations to military services." The US 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 on-going disturbances."
The document, the United States Air Force¹s "implementing plan" for the US Army¹s 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, do to the potential severity of the consequences of such events for the Nation and the population." (24) 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 principle point of contact between the Department of Defense (DoD) and the Department of Justice (DoJ) for planning and executing MACDIS."
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), Directive 5525.5 states that, "it is DoD policy to cooperate with civilian law enforcement officials to the extent practicalŠconsistent with the needs of national security and military preparedness." (25) 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 U.S.C.1385) which states that: "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" cited by the military.
For even though the Posse Comitatus 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."
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." (26) 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 state¹s 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". That¹s 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 don¹t 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 forces" 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 detainees¹ wrist. Different colors may be used to identify different offender classificationsŠ" 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 ones¹ day in court, the Army will "respectfully reply that the prisoner is being held by authority of the United States."
Training under FM 19-15/Garden Plot must be "continuous" and must "develop personnel who are able to perform distasteful and dangerous duties with discipline and objectivity." Dangerous to the local citizenry given that "every member of the control force must be trained to use his weapon and special equipment (including) riot batons, riot control agent dispersers and CS grenades, grenade launchers, shotguns, sniper rifles, cameras, portable videotape recorders, portable public address systems, night illumination devices, firefighting apparatus, grappling hooks, ladders, ropes, bulldozers, Army aircraft, armored personnel carriers, and roadblock and barricade materials." Sounding a lot like recent Urban Warrior war-games (below), the manual makes note that although unit training must address "the sensitivity and high visibility of civil disturbance operations", the "unit training must be realistic." In this regard, "the unit commander should try to include local government officials in field training exercises. The officials can be either witnesses or participants. But care must be taken to prevent adverse psychological effects on the local populace, especially if tension is high."
United States Field Manual 100-19, Domestic Support Operations, dated July 1, 1993, opens with a bit of military history: "Domestic support operations are not new. They had their beginning with settlement of the new world and organization of the colonial militia. With the establishment of the United States and a federal military, the Army routinely provided support to state and territorial governors as the nation expanded westward." (27) Further clarifying the Army¹s role in law enforcement, the manual states that "traditionally, nations have raised and maintained armies to provide for the national defense", whereas "today, the United States calls upon its Army to perform various functions as well, for example, controlling civil disturbancesŠ" Asserting that, "Congress has determined and the National Command Authorities have directed that the military should become more engaged in supporting domestic needs", FM 100-19 seeks to assist in this area "by providing both operational and nonoperational support to law enforcement", stressing that, "the Army can be a formidable force multiplier for civil authorities." The goal of Army "force" is "to restore law and order". And even though the military "may be used to disperse unlawful assemblies and to patrol disturbed areas to prevent unlawful acts", they will "remain under the military chain of command during civil disturbance operations."
The Army is cognizant of the fact that, "federal military forces may not give law enforcement assistance to civil authorities without running afoul of The Posse Comitatus Act. However, Constitutional and statutory exceptions to this prohibition do exist." For example, a "Constitutional Exception" exists "when necessary to protect civilian property and functions" during "a sudden and unexpected civil disturbanceŠ" In addition, other "statutory exceptions (10 USC 371-380) allow military personnel to provide limited support to civilian law enforcement agencies (LEAs) indirectly. Under these laws, the military may share certain information and provide equipment, facilities, and other services to LEAs." Lastly, "in supporting OPLAN GARDEN PLOT, intelligence personnel may conduct close and continuous liason with the LEAs", especially, "the Attorney General (who) is responsible for coordinating and managing all requests for federal military assistance for civil disturbance operations."
The Marine Corps gets its¹ marching orders from Order 3000.8B, Employment of Marine Corps Resources in Civil Disturbance (CD), dated July 30, 1979, "scanned by MCCDPA Quant, during 1989-90 and are uploaded as is". (28) The order opens with a reference to "DA OPLAN Garden Plot", stating that US Marine "Garden Plot Forces" are composed of "two battalions from the 2d Marine Division for employment in CD missions." Taking no chances, the marines have assigned "one company to be employed exclusively for U.S. Capitol security." According to the Marine order, war-game training in civil disturbance suppression "will be identified by the use of the exercise term Grown Tall." The "CIDCON" (civil disturbance condition) alert is coordinated from the Operations Coordination Group (OCG) at Marine Headquarters. It "initiates action", utilizing, if necessary, "riot-control (chemical) agents by Garden Plot ForcesŠ" (28) And while the air in Seattle still reaks of these "agents", the military is sharpening its' skills in urban combat.
URBAN WARRIOR: MILITARY OPERATIONS IN URBAN TERRAIN
"Training for war is the Army¹s top priority. With the exception of the training required in OPLAN GARDEN PLOT, the Army does not normally do specific training for domestic support missionsŠAs an exception to most domestic support operations, OPLAN GARDEN PLOT requires that Army units conduct civil disturbance training." US Army Field
Manual 100-19
"You know, you never hear of suburban war", said Zulene Mayfield of the Chester (Pennsylvania)) Residents Concerned for Quality Living (CRCQL), "always urban warŠwhy is that?"(29) She and scores of other American citizens are up in arms over the recent series of urban war games executed by the U.S. Marines and Special Forces in some 20 cities across the U.S. Code named "Operation Urban Warrior", the military exercises could very well be Garden Plot/Grown Tall maneuvers in disguise. This past May 13th, "acting under the cloak of darkness, 100 Army Special Operations troops descended on two vacant public housing complexes in three training exercises and terrified nearby residents and surprised even the housing director. Residents of the areas around the two projects, some of whom were notified hours beforehand of a law enforcement training exercise, said they found the experience startling and intimidating." (30) Defining the exercise as a "law enforcement training exercise" was appropriate, given the fact that according to witnesses, most of the troops were dressed as police. "This is beyond reasoning, people are traumatized and terrified, Vietnam vets are experiencing flashbacks", said Mayfield. Many in the Chester community are angry "with the arrogance of all parties involved", and are determined to "deal with the local government, which has been totally unresponsive." This past June 1st the citizens of Chester marched to Mayor Dominic Pileggi¹s house, who refused, or was unable to answer questions about the military invasion. Targeting their local Congressman Bob Brady, the public housing residents of Chester are trying to get some answers as to why their community was subjected to "no-notice" exercises using real ammunition and explosives. And despite the military¹s disclaimer that they are using "less than lethal" bombs and bullets, this is little consolation to the terrified residents of Chester. As Mayfield sees it, "if they are using disintegrating bullets, why are the windows blown out?"
In some cases the Army was asked to leave town. "In March 1997, the City of Charlotte, NC, evicted the Army after the first night of a would-be three night stand after public outcry. Likewise, the army cut short its stay in Houston and Pittsburgh when its activities, which typically involved fatigue-clad soldiers bearing arms and setting off minor charges, prompted fears."(31) Angered by "the misrepresentation of the proposed training exercise", Charlotte Mayor Patrick McCrory, stated in a letter to President Clinton, that "on the night of March 4, (1997) residents of the uptown neighborhoods were stunned by the sudden appearance of 12 low-flying helicopters without lights, in possible violation of FAA regulations. There were snipers on rooftops shooting live ammunition at fake targets. Explosive devices were set off, creating a tremendous amount of noise. Given these conditions and the large number of military personnel in the area, neighborhood residents were in fear. Many of them called 911 to get what scant information was available, and many of them called me at home. I could hardly hear some of them because of the noise." As a result of pressure generated by outraged citizens of Charlotte, "we insisted the DOD cancel the exercise scheduled for later that week and it is unlikely we would be willing to host any future activities of this type."(32) It might have also been related to the fact that some residents began "carrying weapons in case the troops arrived."(33) Army Special Operations spokesman Walter Sokalski offered up the lame "this Army saves lives. We want to thank the communities for being a part of saving lives in the future."(34)
The Army also got the cold shoulder in San Francisco this past February as protests shut down a portion of the exercise which was to involve "five ships, 6,000 sailors and Marines, and four days of simulated combat using helicopters and F-18 bombers, tens of thousands of blank rounds of small arms fire, and simulated explosions."(35) Other cities which have experienced the little-or-no-notice drills include Jacksonville, Florida, Chicago, the Corpus Christi area of Texas, New York, Charleston, South Carolina, and Oakland, California, who unlike their neighbors across the bay, welcomed the military. "If San Francisco didn¹t want it, we¹re happy to accommodate," said Stacey Wells, press secretary to Oakland Mayor Jerry Brown. (36)
Cities that were targeted for the war-games had a few things in common. One was the near total lack of information or warning passed on to the residents, including city officials, prior to the onslaught. Except for the occasional police chief, (makes sense) no one was let in on the planned "exercises", and when they were, they were sworn to solemn secrecy! Another tendency was "the satchel full of cash" the military used to bribe officials into compliance and pay for damages. For example, even though the Army wasn¹t asked to pay for damages to an old police building in Kingsville, Texas, because it was going to be torn down anyway, the fire marshal and the other officials said the Army promptly paid the police and fire departments for their time. "They paid cash money. They had a satchel ready to go."(37) In another instance, in early 1998 Army officials approached San Antonio, Texas, Mayor Howard Peak, about training in San Antonio, but he refused to give his consent because the Army would not divulge the details of the operation. At that point, he said, "they tried to go around us and offer money to people for their support, which was very unfortunate."(38)
Since 1994, the U.S. Army Specials Operations Command, set up in 1989 and based at Fort Bragg, Fayetteville, North Carolina, has conducted (or tried to conduct) the series of "Operation Urban Warrior" training exercises. The stated rationale for the Marine exercises is "the expectation that future wars are increasingly likely to be waged on city streets."(39) Part of the operation¹s stated mission and goals include the enhancement of "domestic national security", with the goal of conducting combat operations "in an urban environment against a backdrop of civil unrest, and restore order."(40)
Col. Mark Thiffault, Director, Joint Information Bureau, Operation Urban Warrior, stresses that "potential foes view cities as a way to limit the technological advantages of our military. They know that cities, and their narrow streets, confusing layout and large number of civilian non-combatants, place limits on our technological superiority and especially our use of firepower. We have to develop technologies that allow us to win while minimizing collateral damage."(41)
The Urban Warrior Advanced Warfighting Experiment (AWE) recently took place this past March 12th thru 22nd, examining "new concepts, tactics, techniques and procedures, and technologies to meet the challenges of conflict" in urban areas, where "by 2020, approximately seventy percent of the world¹s population will live." Operation Urban Warrior internet homepage recently made unavailable its website on "marines prepared for protestersŠ" (42) Too bad.
The theory and tactics of urban warfare, currently under vigorous scrutiny by numerous sectors of the military, fall under the subject of Military Operations in Urban Terrain (MOUT). The primary U.S. Army doctrinal publication on the subject, Field Manual 90-10, published in August 1979, was recently updated to FM 90-10-1, An Infantryman¹s Guide to Combat in Built-up Areas. Despite this reformulation, George J. Mordica II, analyst for the Center for Army Lessons Learned (CALL), feels it needs reworking. He states that "U.S. doctrine on combat operations in urban areas is outdated". His recommendation, that "tactics, techniques, and procedures (TTP) need to be developed as an interim measure until doctrine can be written that supports armed combat." (43) Mordica praises "a new publication, Marine Corps Warfighting Publication (MCWP) 3-35.3, Military Operations on Urbanized Terrain, published 16 April 1998 by the United States Marine Corps." He thinks it¹s the most realistic. He also likes "the Marine Corps¹ current Urban Warrior experiment", believing it to be a positive step, offering "a different approach and fresh review of many of the questions the Army needs to address."
One of these questions concerns weaponry, and on that issue Mordica is dead serious: "Develop weapons based on the need to defeat the threat, not on political considerations concerning whether such a weapon would be used in a given situation." In addition, "a high-level review of the ammunition necessary in urban combat must be conducted. The use of high-explosive, high-explosive plastic, white phosphorus, and flechete rounds need to be evaluated and considered for re-introduction into the inventory in sufficient quantities for effective training. Satchel charges, explosives, and bangalore torpedoes should also be re-evaluated for use in urban conditions." White Phosphorus, used in flares, as an incendiary and for smoke screens, comes in every size from hand grenades to howitzer shells and is, according to the EPA, extremely toxic to humans.(44) In addition, Mordica and the Army Center believe that, "the training we are using to prepare our soldiers for urban combat is not realistic enough to present the full spectrum of command and control, along with the psychological impact, close combat, and logistical problems associated with this kind of combat." Maybe they should get in touch with Firearms Training Systems, Inc. They¹re the experts in "virtual killing", recently consummating a "cooperative research and development agreement" with the Office of Naval Research to "commercialize" an "adv...