“A National Guard officer will testify Tuesday at a congressional hearing that the June 1 clearing of protesters outside the White House was “an unnecessary escalation of the use of force” and “deeply disturbing to me, and to fellow National Guardsmen.”
“From my observation, those demonstrators—our fellow American citizens—were engaged in the peaceful expression of their First Amendment rights,” Adam DeMarco, a major in the D.C. National Guard, will tell the House Natural Resources Committee, according to his prepared remarks. “Yet they were subjected to an unprovoked escalation and excessive use of force.”
DeMarco’s testimony directly contradicts several of the Trump administration’s shifting explanations for what happened on June 1, when law enforcement violently dispersed a crowd of protesters in Lafayette Square, across the street from the White House. After police cleared the crowds, President Donald Trump conducted a photo shoot of himself holding a Bible outside St. John’s Church.”
“DeMarco testifies that around 6 p.m., Attorney General William Barr and Gen. Mark Milley, the chairman of the Joint Chiefs of Staff, arrived.
“As the senior National Guard officer on the scene at the time, I gave General Milley a quick briefing on our mission and the current situation,” DeMarco writes. “General Milley told me to ensure that National Guard personnel remained calm, adding that we were there to respect the demonstrators’ First Amendment rights.” (Milley has since apologized for appearing in Lafayette Square. “I should not have been there,” he said. “My presence in that moment, and in that environment, created the perception of the military involved in domestic politics.”)
At around 6:20 p.m., DeMarco continues, verbal warnings were given to the crowd to leave. But from where he was standing, about 20 yards away from the line of protesters, the warnings “were barely audible and I saw no indication that the demonstrators were cognizant of the warnings to disperse.”
Law enforcement rushed the crowd at around 6:30 p.m. Videos showed law enforcement assaulting an Australian TV crew. Media and other observers also reported being tear gassed.
The Trump administration says that protesters were throwing items at law enforcement, which DeMarco testifies he did not see. Park Police also emphatically denied they fired tear gas, claiming that officers instead fired smoke canisters and pepper balls, the latter of which are also a chemical irritant. But DeMarco says that tear gas was indeed used.”
“Tom Ridge, the former governor of Pennsylvania who was the first person to serve as secretary of Homeland Security, also condemned Trump’s actions.
”The department was established to protect America from the ever-present threat of global terrorism,” Ridge, a Republican, told the radio host Michael Smerconish. “It was not established to be the president’s personal militia.”
Ridge said it would be a “cold day in hell” before he would have consented as a governor to what is taking place. “I wish the president would take a more collaborative approach toward fighting this lawlessness than the unilateral approach he’s taken,” he said.”
“The focus of the Trump administration in recent days has been on Portland, where there have been nightly protests for weeks denouncing systemic racism in policing. In the last few days, federal agents from the Department of Homeland Security and U.S. Marshals, traveling in unmarked cars, have swooped protesters off the street without explaining why, in some cases detaining them and in other cases letting them go because they were not actually suspects. The protests have increased in size since the arrival of federal officials.
Trump’s deployment of federal law enforcement is highly unusual: He is acting in spite of local opposition — city leaders are not asking for troops — and his actions go beyond emergency steps taken by some past American leaders like President George H.W. Bush, who sent troops to quell Los Angeles in 1992 at the request of California officials.”
“Department of Homeland Security (DHS) agents and U.S. marshals dressed in military gear and brandishing large weapons have been stationed in Portland since around the start of the month, per an executive order from President Donald Trump. The feds are allegedly there to protect national monuments and guard against potential domestic terrorism.
Instead, this deliberately intimidating gaggle of outside “law enforcement” officers has been agitating peacefully assembled people who are merely exercising their constitutional rights. This has included shooting one man directly in the head with an impact munition of some sort (sending him to the hospital and necessitating facial reconstruction surgery) and, reportedly, forcing protesters into unmarked vans.
According to an internal Homeland Security memo, “federal agents facing backlash for their militarized approach to Portland were not specifically trained in riot control or mass demonstrations,” The New York Times reports.
That doesn’t bode well for the idea that they were sent in with mitigation in mind.
Despite federal agent actions last week, large Portland protests continued over the weekend…
…and so did federal agents acting in unnecessarily hostile and abusive ways ”
“Portland Mayor Ted Wheeler told CNN on Sunday that “they’re not wanted here, we haven’t asked them here, in fact we want them to leave.””
“Oregon Gov. Kate Brown has suggested the feds’ presence was a “deliberate effort to provoke.” She told The Washington Post “that her contacts with Trump administration officials about the situation had convinced her that ‘they are not interested in problem solving,’ and this has ‘nothing to do with public safety.'””
“Oregon’s Department of Justice is suing the DHS, the U.S. Marshals Service, U.S. Customs and Border Protection, and the Federal Protection Service. The lawsuit, filed in federal court on Saturday, alleges that “they seized and detained Oregonians without probable cause,” explains Oregon Attorney General Ellen Rosenblum.”
“At demonstration after demonstration, officers have met peaceful protesters, who are condemning the police killing of George Floyd — and police violence more broadly — with disproportionate and brutal force, often for no reason but to “disperse” a crowd. It’s an approach that’s only illustrated how quick police can be to use violent tactics, particularly against black individuals.”
“Vox spoke with 10 protesters in seven different cities — and nearly all of them had either directly witnessed or been subject to police violence while participating in marches and rallies in recent weeks.”
“During a peaceful protest in Toledo, Ohio, 29-year-old attorney Matthew Ahn saw police shooting wooden bullets directly at people’s bodies, severely injuring at least two individuals.”
“In Los Angeles, Abdullah described watching a state highway patrol car plow into a crowd of protesters and knock a man out in the process.”
“Such acts of police violence have contributed to a number of injuries — rubber bullets have blinded multiple individuals, while beatings have resulted in broken bones — and one death. In Louisville, Kentucky, where officers still haven’t been charged in the shooting death of Breonna Taylor, police shot and killed David McAtee near his business when he was out past curfew in early June.”
“At the marches where law enforcement has taken a more aggressive approach, the escalation by police often came with little warning, protesters say. It can be chaotic, frightening, and overwhelming.”
“There is legal recourse for protesters who have suffered injuries at the hands of police, but there have historically been some pretty big obstacles to getting accountability.
Such barriers are largely due to the protections that police have in the case of civil lawsuits because of a legal doctrine known as qualified immunity: In order to even go to trial with an allegation of police misconduct, an individual needs to show not only that it was a violation of their civil rights, but also that there’s precedent for that same action being considered unlawful in prior cases.
This shield has enabled police officers to avoid liability on many acts of misconduct in the past, including shootings, theft and property damage.
Still, experts tell Vox that protesters have plenty of grounds to pursue legal action — and already, there’s been multiple cases in the last month where the officer involved faces criminal charges.”
“Protesters have three avenues they can take, Futterman notes: They can file a civil lawsuit against a specific officer for violating their constitutional rights, they can register a complaint with the city or police station involved, or they can report the incident to a district attorney, who could then file a criminal lawsuit.”
“POLITICO spoke to 10 National Guardsmen who have taken part in the protest response across the country since the killing of George Floyd while in police custody. Many Guardsmen said they felt uncomfortable with the way they were used to handle the unrest because demonstrators lumped them in with the police. They felt that while they swore an oath to uphold the Constitution, their presence at times intimidated Americans from expressing their opinions and even escalated the tension.
And in the case of Guardsmen involved in the Lafayette incident, some felt used.
“As a military officer, what I saw was more or less really f—ed up,” said one D.C. Guardsman who was deployed to Lafayette Square last Monday and who, like some others, spoke on condition of anonymity to speak freely. The official line from the White House that the protesters had turned violent, he said, is false.”
““I’m here to support and defend the Constitution of the United States and what I just saw goes against my oath and to see everyone try to cover up what really happened,” the Guardsman continued. “What I saw was just absolutely wrong.””
“One of the Guardsmen at the scene said the White House isn’t being truthful.
“I’ve been tear gassed before. I was there the night before when we got tear gassed, there was tear gas there” on Monday evening, he said. He added that he and some of his soldiers felt the effects of the tear gas from their colleagues because they didn’t have masks on.”
“The U.S. Park Police has acknowledged firing pepper balls into the crowd, which is also a chemical irritant.”
“The officer said he even told Gen. Mark Milley, the chairman of the Joint Chiefs of Staff, just before the Park Police moved in that the protests had been peaceful that day, a sentiment that was shared by three other Guardsmen who were there.”
” As of Monday, 42,700 National Guardsmen were deployed across 34 states and D.C. to deal with protests. At the height of the response last week, 1,200 D.C. National Guardsmen and another 3,900 from 11 states were patrolling the nation’s capital. Defense Secretary Mark Esper gave the order for the out-of-state Guardsmen to begin leaving on Friday; all are expected to return home by Wednesday.”
“Torrie Osterholm, the D.C. National Guard’s director of psychological health, said in an interview that many Guardsmen have reached out to her in the past week to express the pain and confusion they struggled with during and after the mission, both for what they witnessed and how the protesters reacted.
One Guardsman told her, “‘I never thought I’d get a bottle thrown at me and be told I should die and I should kill myself,’” Osterholm said. “There’s not enough Kevlar to protect you from those kinds of statements spoken in your own language.”
Walker, the D.C. Guard commander, acknowledged the challenges Guardsmen faced in a Sunday briefing with reporters.
“I have some Guardsmen whose family members came out and criticized them. ‘What are you doing out here, aren’t you black?’” Walker said. “Of course, we’re all hurting. The nation is hurting.””
“No, President Donald Trump didn’t have police shoot tear gas at innocent people so he could pose for a pic with an upside-down Bible. Both the president and his lackeys at certain media outlets want to make sure we’re clear on that. You see, the truth is that Trump had police bombard a law-abiding crowd with a gaseous substance that produces tears.
You see the difference? Not really? It doesn’t matter. We’re talking about this right now, and that’s what Trump boosters and predator-cop stans want. The more time people spend debating the difference between tear gas and “smoke canisters and pepper balls,” the less focus on the fact that the Trump administration had peaceful citizens attacked so he could pretend on camera to be brave and religious.
This is the same tactic we’ve seen again and again from the Trump administration: deny, shift stories, and quibble over inane particulars.
It doesn’t matter if most media or even most Americans don’t really buy the administration’s deflections and lies. The point is to shift the public conversation, give Trump supporters an easy retort to critics, and to present enough reasonable doubt that folks not especially attuned to politics tune out. Getting people to see this as just another far-removed partisan squabble is essential to covering up the heinous and extreme nature of the stunt the administration pulled in Lafayette Square.”
“Trump folks want to pretend that masses of individual protesters and members of the press were lying, in coordination, to trick people into thinking the administration behaved worse than it did. But the fact of the matter is that being tear-gassed and being bombarded with a pepper-spray bomb produce the same effects, and people were reporting on what they had experienced and witnessed directly.
Accuracy in media matters, of course, and Reason has often been the first to point out when most press is getting a story wrong. But reporting accurately and truthfully means doing the absolute best you can with the facts that are available to you, admitting what you don’t know, and updating your narrative when new information arrives. And it certainly doesn’t mean describing things in exactly the terms that government officials or other powerful people prefer you to use.
The Trump administration might not want to call the substance law enforcement agents deployed “tear gas.” But under the common understanding of tear gas—”an umbrella term for about a half-dozen so-called ‘riot-control agents’ or ‘less lethal’ chemical weapons” per Mother Jones—and according to the Centers for Disease Control and Prevention’s definition, it was.”
“The officers began their assault just after 6:30 pm — less than half an hour before a 7 pm curfew that had already been ordered by DC Mayor Muriel Bowser was set to take effect. Legally speaking, the crowd should have dispersed then and there would have been no problem with the president strolling across the park to do his photo op at St John’s Church. Realistically, the odds are good that the crowd would not have dispersed. But starting at 7 pm, a group of officers forcibly expelling protesters from the park would have been enforcing the law.
Doing it at 6:36 pm or so served no real purpose except to make the law enforcement action flagrantly abusive. And that itself sends a powerful message.”
““Just before [Trump] spoke, federal police violently broke up a peaceful protest just outside the White House, tear-gassing a group of about 1,000 demonstrators and then firing rubber bullets at them so Trump could have an uninterrupted photo op at a nearby church damaged in the weekend’s upheaval.””
“Mariann Edgar Budde, the bishop of that church — St. John’s — told CNN she was “outraged” by Trump having the protesters cleared simply so he could pose with a Bible in front of a boarded-up church, calling the message he sent “antithetical to the teachings of Jesus.””
“The move outraged the district’s local policing partners as well. Arlington County, a suburban area abutting the city in Virginia, has a mutual aid agreement in place with Washington, DC, that allows police resources to be shared between the two. Some members of the Arlington County Police Department were among the force ordered to clear the area between the White House and St. John’s, and officials withdrew their police from the city, angered about the officers being used to suppress a protest.”
“DC is one city, but Tuesday night offered a preview of the president’s vision for policing these protests.”