It provided Federal military and law enforcement assistance to local governments during times of major civil disturbances. The Garden Plot plan—drafted after the Watts , Newark , and Detroit riots—captures the acrimonious times when the document was drawn up. The "Plot" warns against "racial unrest," as well as "anti-draft" and " anti-Vietnam " elements. Oversight of these homeland security missions should be provided by the National Guard Bureau based on the long-standing Garden Plot model in which National Guard units are trained and equipped to support civil authorities in crowd control and civil disturbance missions.
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The following U. Northern Command concept plan for defense support of civil authorities was released last July under the Freedom of Information Act. Natural or man-made disasters and special events can be so demanding that local, tribal state and non-military federal responders are temporarily overwhelmed by the situation.
The Department of Defense DOD has a long history of supporting civil authorities in the wake of catastrophic events. This summary provides military decision makers with a brief recapitulation of the major aspects of this plan. It is based on planning factors and estimates available at the time of preparation and is subject to modification in the context of a specific contingency. Legal Considerations. Support under these acts range from small-scale efforts to large-scale operations involving thousands of DOD personnel.
DODD Civil support under this plan does not include direct support to law enforcement. Direct support to civilian law enforcement authorities requires specific statutory or Constitutional authority to not violate the PCA. State, local, tribal, private-sector, and specific Federal authorities have primary responsibility for public safety and security, and typically are the first line of response and support.
Local jurisdictions have primary authority and responsibility for law enforcement activities. It is DOD policy to cooperate with civilian law enforcement officials to the maximum extent practicable. The implementation of DOD policy shall be consistent with the needs of national security and military preparedness, the historic tradition of limiting direct military involvement in civilian law enforcement activities, and the requirements of applicable law.
It is the intent of this appendix to provide an overview of defense support of law enforcement as it cannot cover all potential requests for Defense Support of Civil Authorities DSCA that relate to civilian law enforcement.
Defense support of civilian law enforcement agencies covers a broad spectrum of potential activities from very small support activities such as training civilian law enforcement, loaning a piece of equipment, or an Explosive Ordnance Disposal EOD or dog team to large-scale incidents or events such as a riot.
This appendix will not address civil disturbance operations. State level emergency response operations for natural disasters have evolved concerning the use of the NG in a law enforcement role from state to state. Govemor1s use of their powers has set a precedence for the future. Governors may, by use of their state powers and via a state to state memorandum of agreement, authorize the NG of one state to perform law enforcement and security duties within the another state. In accordance with IAW reference g.
Military Departments and Defense Agencies are encouraged to provide to federal, state, or local civilian law enforcement officials any information collected during the normal course of DSCA operations that may be relevant to a violation of any federal or state law within the jurisdiction of such officials.
Military Departments and Defense Agencies may provide training to federal, state, and local civilian law enforcement officials. This does not permit large scale or elaborate training, and does not permit regular or direct involvement of military personnel in activities that are fundamentally civilian law enforcement operations, except as otherwise approved and authorized.
This includes:. When requested, local military commanders and DOD officials may provide defense support to civil law enforcement agencies under this authority in order to save lives, prevent human suffering, and mitigate great property damage. This authority does not authorize DOD forces to perform law enforcement functions in support of civil law enforcement agencies unless consistent with an exception to the Posse Comitatus Act 18 USC Section and IAW the guidance provided in the Basic plan.
Northern Command U. Conditions for Implementation a. Situation a. Enemy Forces. See Base plan g. Friendly Forces. See Base plan h. See Base plan 3. Execution a. Concept of Operations 1 Defense support of civilian law enforcement agencies in response to a natural or man-made disaster, emergency, incident, or event will be processed IAW reference i above and executed at the direction of the President or approval of the Secretary of Defense SecDef IAW the Base plan.
This includes: a Requests for potentially lethal support i. Administration and Logistics. See Base plan 5. Command and Control.
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Operation Garden Plot
U.S. Northern Command CONPLAN 3501-08 Defense Support of Civil Authorities (DSCA)