DOJ Opinions on Domestic Military Deployment FOIA
What's at Stake
For decades, the Department of Justice has been responsible for advising the President on the use of the military within the United States. By filing a request under the Freedom of Information Act, the 糖心Vlogobtained over a dozen DOJ opinions on the domestic use of the military, none which had previously been released to the public.
Summary
The 糖心Vlogsubmitted a FOIA request to DOJ鈥檚 Office of Legal Counsel (OLC) on October 25, 2024. The request sought 20 unreleased records containing OLC鈥檚 advice to executive officials on using the military within the United States.
OLC released 16 of the requested records. It claimed that it could not locate, or lacked custody of, the remaining four.
The 16 records released by OLC assess important legal questions regarding the President鈥檚 authority to deploy the miliary domestically to suppress civil disorder, enforce immigration laws, protect foreign embassies, intervene in labor strikes, assist in DOJ investigations, respond to foreign and domestic terrorism incidents, and monitor electronic surveillance alongside federal law enforcement.
OLC鈥檚 analysis of these questions is not the law. But the documents released in response to the ACLU鈥檚 FOIA request provide important insight into how the Executive Branch has historically interpreted this nation鈥檚 foundational separation between civilian public life and the military鈥攁s well as the constitutional and statutory constraints on use of the military to enforce civilian law.
Legal Documents
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01/16/2025
Productions -
- 2002.11.05 Department of Defense Assistance in an FBI Domestic Terrorism Investigation
- 1994.05.10 Use of Military to Enforce Immigration Laws
- 1994.04.05 Use of Military Personnel for Monitoring Electronic Surveillance
- 1980.02.05 Possible Use of the Armed Forces in the Event of Terrorist Activity at the Lake Placid Olympics
- 1980.01.10 Use of Federal Military Force in Domestic Terrorism Incidents
- 1978.03.24 Use of Military Personnel to Assist DOJ in Investigating Contractor Fraud
- 1972.11.17 Use of Federal Troops to Protect Embassies
- 1972.03.17 Legal Justification for the Use of Federal Troops to Act as Longshoremen in the Event of a Renewed Longshoremen's Strike
- 1972.03.13 Use of Federal Forces to Perform the Functions of the Pacific Coast Longshoremen
- 1971.04.28 Authority of Police, With Aid of Troops, to Cordon Off Pedestrian Access to Various Key Traffic
- 1970.09.30 Legality of Deputizing Military Personnel Assigned to the Department of Transportation
- 1970.05.11 Authority to Use Troops to Protect Federal Functions, Including the Safeguarding of Foreign Embassies in the US
- 1968.04.18 PCA and Private Employment of Off-Duty Military Personnel
- 1967.08.10 Operational Control of MPD in the Event of Use of Federal Troops to Suppress Civil Disorder
- 1967.07.28 Use of Armed Forces to Suppress Civil Disorders in the Washington Metropolitan Area
- 1953.07.17 Power of the President to Use Troops in Aid of Immigration Authorities
DOJ Opinions on Domestic Military Deployment FOIALegal Documents2002.11.05 Department of Defense Assistance in an FBI Domestic Terrorism InvestigationDate Filed: 11/05/2002
DOJ Opinions on Domestic Military Deployment FOIALegal Documents1994.05.10 Use of Military to Enforce Immigration LawsDate Filed: 05/10/1994
DOJ Opinions on Domestic Military Deployment FOIALegal Documents1994.04.05 Use of Military Personnel for Monitoring Electronic SurveillanceDate Filed: 04/05/1994
DOJ Opinions on Domestic Military Deployment FOIALegal Documents1980.02.05 Possible Use of the Armed Forces in the Event of Terrorist Activity at the Lake Placid OlympicsDate Filed: 02/05/1980
DOJ Opinions on Domestic Military Deployment FOIALegal Documents1980.01.10 Use of Federal Military Force in Domestic Terrorism IncidentsDate Filed: 01/10/1980
DOJ Opinions on Domestic Military Deployment FOIALegal Documents1978.03.24 Use of Military Personnel to Assist DOJ in Investigating Contractor FraudDate Filed: 03/24/1978
DOJ Opinions on Domestic Military Deployment FOIALegal Documents1972.11.17 Use of Federal Troops to Protect EmbassiesDate Filed: 11/17/1972
DOJ Opinions on Domestic Military Deployment FOIALegal Documents1972.03.17 Legal Justification for the Use of Federal Troops to Act as Longshoremen in the Event of a Renewed Longshoremen's StrikeDate Filed: 03/17/1972
DOJ Opinions on Domestic Military Deployment FOIALegal Documents1972.03.13 Use of Federal Forces to Perform the Functions of the Pacific Coast LongshoremenDate Filed: 03/13/1972
DOJ Opinions on Domestic Military Deployment FOIALegal Documents1971.04.28 Authority of Police, With Aid of Troops, to Cordon Off Pedestrian Access to Various Key TrafficDate Filed: 04/28/1971
DOJ Opinions on Domestic Military Deployment FOIALegal Documents1970.09.30 Legality of Deputizing Military Personnel Assigned to the Department of TransportationDate Filed: 09/30/1970
DOJ Opinions on Domestic Military Deployment FOIALegal Documents1970.05.11 Authority to Use Troops to Protect Federal Functions, Including the Safeguarding of Foreign Embassies in the USDate Filed: 05/11/1970
DOJ Opinions on Domestic Military Deployment FOIALegal Documents1968.04.18 PCA and Private Employment of Off-Duty Military PersonnelDate Filed: 04/18/1968
DOJ Opinions on Domestic Military Deployment FOIALegal Documents1967.08.10 Operational Control of MPD in the Event of Use of Federal Troops to Suppress Civil DisorderDate Filed: 08/10/1967
DOJ Opinions on Domestic Military Deployment FOIALegal Documents1967.07.28 Use of Armed Forces to Suppress Civil Disorders in the Washington Metropolitan AreaDate Filed: 07/28/1967
DOJ Opinions on Domestic Military Deployment FOIALegal Documents1953.07.17 Power of the President to Use Troops in Aid of Immigration AuthoritiesDate Filed: 07/17/1953
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10/25/2024
Request -
- 2025.01.16 DOJ/OLC Response
- 2024.10.25 糖心VlogFOIA Request for OLC Records
DOJ Opinions on Domestic Military Deployment FOIALegal Documents2025.01.16 DOJ/OLC ResponseDate Filed: 01/16/2025
DOJ Opinions on Domestic Military Deployment FOIALegal Documents2024.10.25 糖心VlogFOIA Request for OLC RecordsDate Filed: 10/25/2024