Page:Final Report of the Select Committee to Investigate the January 6th Attack on the United States Capitol.pdf/750



H. Res. 503 Section 4(a) directs the Select Committee to examine the “facts, circumstances, and causes relating to the domestic terrorist attack on the Capitol,” including the “activities of intelligence agencies, law enforcement agencies, and the Armed Forces, including with respect to intelligence collection, analysis, and dissemination and information sharing among the branches and other instrumentalities of government.” This appendix focuses on the activities of the DC National Guard in the days leading up to and on January 6, 2021.

In contrast to the National Guard units in 50 States and three territories, where deployment authority lies with the governor of those respective jurisdictions, the DC Guard falls directly under the command of the United States President. In the discussion section below, this appendix provides a narrative of the preparations for and eventual deployment of the DC Guard on January 6th, and the interaction between then-President Trump and the DC Guard in the relevant time period. It is based on the Select Committee’s interviews of 24 witnesses and review of over 37,000 pages of documents.

The approval process for the deployment of the DC National Guard is unique, unlike any of the 50 States or three territories across the country where ultimate authority rests in the hands of the governor. In the nation’s capital, where no governorship exists, the Guard is ultimately under the command of the President of the United States when acting in its militia capacity to support civil authorities. By executive order, however, President Richard Nixon delegated the President’s day-to-day control of the DC Guard to the Secretary of Defense and specified that its Commanding General should report to the Secretary of Defense or the Secretary’s designee. By memorandum, the Secretary of Defense, in turn, delegated day-to-day control of the DC Guard to the Secretary of the Army. The commander of the DC Guard reported directly to the Secretary of the Army on January 6, 2021.

During the 2020 summer protests in response to the murder of George Floyd,6 the approval process for Guard deployment ran smoothly. "Very, very proactive," then-Commanding General of the DC Guard William