Reading Room Document

Use of Federal Troops to Protect Government Property and Functions at the Pentagon Against Anti-War Demonstrators

This document discusses the legal basis for the use of Federal troops to protect property and functions of the Federal Government from interference by anti-war demonstrators. It explores two possible grounds for such use of troops: 10 U.S.C. 332 and the inherent right of the Government to use military force. The document also examines whether the Posse Comitatus Act prohibits the use of Federal troops for these purposes. The conclusion reached is that the Act does not prohibit the proposed use of Federal troops, and there is a choice between the statutory and nonstatutory grounds for using Federal troops, depending on the circumstances. The document also emphasizes that if Federal troops are used, they should remain entirely under military command.

October 4, 1967