Executive Order 11403—Providing for the Restoration of Law and Order in the Washington Metropolitan Area

WHEREAS I have today issued Proclamation No. 3840, calling upon persons engaged in acts of violence and disorder in the Washington metropolitan area to cease and desist therefrom and to disperse and retire peaceably forthwith; and WHEREAS the conditions of domestic violence and disorder described therein continue, and the persons engaging in such acts of violence have not dispersed: Now, THEREFORE, by virtue of the authority vested in me as President of the United States and Commander in Chief of the Armed Forces under the Constitution and laws of the United States, including Chapter 15 of Title 10 of the United States Code and Section 301 of Title 3 of the United States Code, and by virtue of the authority vested in me as commander-in-chief of the militia of the District of Columbia by the Act of March 1, 1889, as amended (D.C. Code, Title 39), it is hereby ordered as follows: SECTION 1. The Secretary of Defense is authorized and directed to take all appropriate steps to disperse all persons engaged in the acts of violence described in the proclamation, to restore law and order, and to see that the property, personnel and functions of the Federal Government, of embassies of foreign governments, and of international organizations in the Washington metropolitan area are protected against violence or other interference. SEC. 2. In carrying out the provisions of Section 1, the Secretary of Defense is authorized to use such of the Armed Forces of the United States as he may deem necessary. SEC. 3. (a) The Secretary of Defense is hereby authorized and directed to call into the active military service of the United States, as he may deem appropriate to carry out the purposes of this order, units or members of the Army National Guard and of the Air National Guard to serve in the active military service of the United States for an indefinite period and until relieved by appropriate orders. Units or members may be relieved subject to recall at the discretion of the Secretary of Defense. In carrying out the provisions of Section 1, the Secretary of Defense is authorized to use units and members called or recalled into the active military service of the United States pursuant to this section. (b) In addition, in carrying out the provisions of Section 1, the Secretary of Defense is authorized to exercise any of the powers vested in me by law as commander-in-chief of the militia of the District of Columbia, during such time as any units or members of the Army National Guard or Air National Guard of the District shall not have been called into the active military service of the United States. SEC. 4. The Secretary of Defense is authorized to delegate to one or more of the Secretaries of the military Departments any of the authority conferred upon him by this order. LYNDON B. JOHNSON The White House 4:03 Washington, D.C. Friday April 5, 1968