Executive Order 12616
Whereas I have today issued Proclamation No. 5748 pursuant in part to the provisions of Chapter 15 of Title 10 of the United States Code; 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 as Commander in Chief of the Armed Forces by 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, it is hereby ordered as follows:
Section 1. Units and members of the Armed Forces of the United States will be used to suppress the violence described in the proclamation and to restore law and order in the vicinity of Atlanta, Georgia.
Section 2. The Secretary of Defense is authorized to use such of the Armed Forces as may be necessary to carry out the provisions of Section 1. To that end, he is authorized to call into the active military service of the United States units or members of the National Guard, as authorized by law, to serve in an active duty status 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 this order, the Secretary of Defense shall observe such law enforcement policies as the Attorney General may determine.
Section 3. Until such time as the Armed Forces shall have been withdrawn pursuant to Section 4 of this order, the Attorney General is further authorized (1) to coordinate the activities of all Federal agencies assisting in the suppression of violence and in the administration of justice in the vicinity of Atlanta, Georgia and (2) to coordinate the activities of all such agencies with those of state and local agencies similarly engaged.
Section 4. The Secretary of Defense is authorized to determine when Federal military forces shall be withdrawn from the disturbance area. Such determinations shall be made in the light of the Attorney General's recommendations as to the ability of civil authorities to resume full responsibility for the maintenance of law and order in the affected area.
The White House,
November 24, 1987.
[Filed with the Office of the Federal Register, 10:52 a.m., December 8, 1987]
Note: The Executive order was released by the Office of the Press Secretary on December 7. An accompanying statement printed in the "Federal Register" of December 9 with the Executive order and Proclamation 5748 indicated that they "were signed by the President because of the possibility that existed on November 24, 1987, that the situation at the Federal prison in Atlanta would deteriorate further and that the use of force to free the hostages would be necessary. That situation never arose, and a negotiated settlement was reached. Therefore, the use of units and members of the Armed Forces of the United States to suppress the violence described in the proclamation and Executive order was never required."