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After the U.S. Capitol insurrection in January 2021, Snopes readers asked about the legitimacy of a viral document that left-leaning websites framed as an attempt by a member of former President Donald Trump's cabinet to suppress the ability of National Guard forces to provide law enforcement during the gathering of Trump supporters rallying to try to overturn the 2020 election. For example, the Daily Kos, a self-described online hub of progressive media and activism, reported on Jan. 29: A website called The National Memo republished the body of the Daily Kos' story verbatim, under a new headline: Trump Defense Secretary Disarmed D.C. National Guard Before Capitol Riot. Before we directly address the claim, let us unpack the basis of the above-mentioned articles. The Daily Kos' original story included a hyperlink to an authentic tweet by New York Times congressional reporter Luke Broadwater on Jan. 28. The reporter's tweet included a digital image of what appeared to be a Jan. 4 memo to former Army secretary Ryan McCarthy and signed by Miller — whom Trump appointed as acting Pentagon chief in November 2020, just days after President Joe Biden was announced the winner of the election. In early February, we reached out to Broadwater to learn where, how, or under what circumstances he obtained the document. He told us it was a leak, or that an anonymous person or group within government or law-enforcement released the document to The New York Times. While no evidence exists to cast doubt on the legitimacy of the document displayed in the tweet, we sought to independently verify its authenticity. Citing the Freedom of Information Act, Snopes submitted multiple requests for a copy of the Jan. 4 record from various record-keeping centers within federal government. On March 3, the U.S. Senate's Homeland Security and Governmental Affairs Committee fulfilled our request after its chair, Sen. Gary Peters, entered Miller's memo into the committee's public database of records. Committee spokespeople emailed us copies the document that indeed imposed restrictions on the D.C. National Guard (DCNG) during planned demonstrations by Trump supporters in the coming days. It read, in part: The document written by the Trump appointee did not order any person or entity to take away weapons from Guard members. Rather, it required McCarthy, who oversees the DCNG, to request approval from the defense secretary in order for Guard members to use weapons, helmets, body armor or riot control agents — as well as to share equipment with other law-enforcement agencies — during the preplanned gatherings of Trump supporters on Jan. 5 and Jan. 6. Rewind a few days, and, according to the Department of Defense, D.C. officials requested that the district's Metropolitan Police department — not a federal agency — lead security efforts during the pro-Trump events, which were widely marketed as gatherings of Trump supporters to try to send a message to Congress to halt a ceremonial vote affirming Biden's win. A Jan. 5 document signed by McCarthy and obtained by Snopes (displayed below) showed the Pentagon ultimately fulfilled that request, saying that its troops would provide support for the district police department or Capitol Hill Police, should they need it. Some 340 Guard members were planning to control crowds at metro stations and enforce street closures during the events, and a Quick Reaction Force comprised of 40 Guard officers was standing by, no matter what. DCNG Soldiers will store their helmets and body armor within vehicles or buildings in close proximity to their positions, McCarthy's memo read. In the event of an elevation of the threat requiring immediate donning of this equipment for self-defense, DCNG leadership will immediately notify the Secretary of Army. https://www.scribd.com/document/497258792/Secretary-of-the-Army-Memorandum#fullscreen=1 That decision by the Department of Defense, as well as the request for autonomy from D.C. officials, followed the Guard's controversial response to protests against police violence following George Floyd's death in summer 2020. Politico reported: Any time we would employ troops and guardsmen in the city, you had to go through a rigorous process. As you recall, there were events in the summer that got a lot of attention, and that was part of this, William J. Walker, the DCNG's commanding general, said in an interview with The Washington Post. Walker was referring to the guidelines (like those in the Jan. 4 and Jan. 5 memos) that required the highest-level approval for the Guard to fully launch into law-enforcement mode. As a result of such restrictions, Walker told The Washington Post that when he received a panicked phone call from Capitol Hill Police about the extremists preparing to break into the Capitol on Jan. 6 (which occurred around 1:50 p.m., per the defense department's timeline) he could not immediately deploy Guard members to help. He instead needed to wait for approval from McCarthy, who then waited for an answer from Miller.
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