forces, as he considered necessary to suppress the insurrection." This requires "a
formal request by a state for the assistance of federal armed forces," which "must
originate with the legislature of the state concerned, or with the governor." (DA
Pam 27-21, paragraph 3-8a.)
A similar state is 10 USC Section 332: "Whenever the President considers
that unlawful obstructions, combinations, or assemblages, or rebellion against the
authority of the United States, makes it impracticable to enforce the laws of the
United States is any state or territory by the ordinary course of judicial
proceedings, he may call into federal service such of the militia of any state, and
use such of the armed forces, as he considers necessary to enforce those laws or to
suppress the rebellion." Another example is 10 USC Section 333, which states that
the President "by using the militia or the armed forces, or both...shall take such
measures as he considers necessary to suppress in a state, any insurrection,
domestic violence, unlawful combination, or conspiracy, if it (1) so hinders the
execution of the laws of that state, and of the United States within the state,
that any part or class of its people is deprived of a right, privilege, immunity,
or protection named in the Constitution and secured by law, and the constituted
authorities of that state are unable, fail, or refuse to protect that right,
privilege, or immunity, or to give that protection; or (2) opposes or obstructs the
execution of the laws of the United States or impedes the course of justice under
those laws."
In using federal armed forces, the President shall, by proclamation,
"immediately order the insurgents to disperse and retire peaceably to their abodes
within a limited time." (10 USC Section 334.) If the proclamation is not obeyed,
an executive order is issued, "directing the Secretary of Defense to employ such
National Guard of federal troops as are necessary to restore law and order,"(DA Pam
27-21, paragraph 3-8d.) Pursuant to these laws, federal troops were dispatched to
Arkansas (1957), to Mississippi (1962), and to Alabama in 1963.
f. Terrorist incidents. A terrorist incident is regarded as a form of civil
disturbance.
It is DOD policy "to protect DOD personnel and family members,
facilities, and equipment from terrorists' acts."
(DOD DIr. 2000.12, July 16,
1986.) Although the FBI is the lead agency for combating domestic terrorists, the
installation commander will provide the initial and immediate response to any
incident occurring on a military installation.
The FBI will be notified
immediately, and will assume jurisdiction if it is determined that such an incident
is of "significant federal interest."
Even if the FBI does assume jurisdiction,
"the military commander may take immediate action, as dictated by the situation, to
prevent loss of life or mitigate property damage before the FBI response force
arrives."
Overseas, the State Department will be immediately notified (as opposed to
the FBI), as it has the "primary responsibility for dealing with terrorism
involving Americans abroad and for enhancing the security of all U.S. government
personnel overseas." The host nation, however, remains overall in charge, and the
U.S. response must be coordinated with that nation.
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