George Floyd Protests: Lafayette Square Clearing, Militarized Response, Threat to Invoke Insurrection Act
The clearing of Lafayette Square occurred approximately 30 minutes before the 7:00 PM curfew was to take effect. Independent investigators and journalists documented that the protesters were peaceful at the time of the clearing. The chemical agent used was later identified as a pepper chemical agent (technically not 'tear gas') deployed without warning. Trump had convened a call with governors the same day, calling them 'weak' and urging them to 'dominate' protesters. Attorney General Barr appeared in person to supervise the clearing. The Bible photo-op that followed was condemned by Episcopal Bishop Mariann Budde, whose church was used as a prop without her knowledge or consent.
Record summary
Grade
Grade 4 of 5: Critical Rights and Rule-of-Law Concern
Systematic actions that undermine fundamental constitutional or international legal protections at the structural level. Scale and definitions
- Status
- Concluded
- Incident date
- Record updated
- Location
- Lafayette Square, Washington, D.C.
- Category
- Civil Rights
- Legal posture
- Judicial finding
- War-crime classification
- Enabling conduct
- Verification
- Independently verified
- ICC relevance
- No
- Sources
- 4 cited
- Stable ID
trump-first-term-george-floyd-protests-response- Victims
- Peaceful protesters subjected to chemical agents, rubber projectiles, and batons without warning; journalists covering the clearing; American citizens whose First Amendment rights to assemble and protest were suppressed by federal force
- Alleged responsible parties
- Donald Trump, President; ordered the protest clearing; threatened governors with military deployment; walked through cleared square for photo opportunity; told governors to 'dominate' protesters— White House
- William Barr, Attorney General; appeared in person at Lafayette Square to supervise the clearing operation; authorized use of federal law enforcement— U.S. Department of Justice
Key points
- Federal law enforcement personnel and National Guard cleared Lafayette Square using pepper chemical agents (OC aerosol), pepper balls, and batons beginning at approximately 6:30 PM — 30 minutes before the 7:00 PM curfew took effect; independent witnesses and journalists documented that the protesters were peaceful at the time of clearing; the DOI Inspector General report confirmed the protesters had not been given a dispersal order before force was used
- Trump walked through the cleared square accompanied by senior officials including Barr, Milley (in military uniform), and Esper, to St. John's Church, where he held up a Bible for photographs without entering the church; Episcopal Bishop Mariann Budde stated she was 'outraged' and that neither she nor the church had been consulted; the presiding bishop of the Episcopal Church said the church disassociated from the photo
- Earlier that day, Trump had held a call with U.S. governors in which he called them 'weak' for how they were handling protests and told them to 'dominate' their states: 'You have to dominate, if you don't dominate you're wasting your time. They're going to run over you, you're going to look like a bunch of jerks'; the call was listened to by journalists and the statements were widely reported
- Trump threatened to invoke the Insurrection Act of 1807, which would allow deployment of active-duty military forces against civilian protesters in U.S. cities; Defense Secretary Esper publicly stated he did not support invoking the Insurrection Act; Chairman of the Joint Chiefs Milley appeared in military uniform at the Lafayette Square walk but later issued an apology, saying his presence had created a perception that the military was involved in domestic politics
- The DOI Inspector General investigated and found that the clearing was conducted for the purpose of enabling Trump's walk to the church; the report documented that no dispersal order was given and that chemical agents were used on peaceful protesters; the report was initially delayed and its findings disputed by Barr, who claimed the clearing was necessary to extend the perimeter
- More than 1,000 protesters were arrested across the country during the George Floyd protest period; active military personnel (82nd Airborne) were staged near Washington but ultimately not deployed within the city after military officials raised concerns about posse comitatus and civilian-military relations
Overview
The Attorney General of the United States stood in Lafayette Square and watched federal agents use chemical agents and batons on peaceful protesters — 30 minutes before the curfew that would have given legal basis for the clearing — so the President could walk across the square to hold a Bible in front of a church for photographers.
The Inspector General subsequently confirmed that the clearing was conducted for the purpose of enabling the photo.
The Governors Call
Earlier that day, Trump had been on the phone with the nation's governors. He told them they were weak. He told them to dominate. He told them if they didn't dominate, they'd look like jerks.
The statement was a governing philosophy expressed in the clearest possible terms: the way to respond to protests about police violence was force.
The Clearing
The protesters in Lafayette Square were peaceful. The Inspector General report confirmed this. No dispersal order was given before the agents moved. Chemical agents were deployed without warning. People were pushed, struck, and dispersed.
Thirty minutes before the curfew that would have made the protesters' presence illegal. Thirty minutes.
The purpose was documented: Trump wanted to walk through the cleared square.
The Church
Bishop Budde had not been consulted. The church had not been consulted. When Trump stood outside St. John's Episcopal Church holding a Bible, he was using a building as a political prop without the knowledge or consent of the people responsible for it.
The presiding bishop of the Episcopal Church issued a public disavowal. Bishop Budde said she was outraged. Trump did not enter the church, speak to any clergy, or pray.
The Military's Discomfort
General Milley apologized. Secretary Esper publicly opposed invoking the Insurrection Act. The 82nd Airborne was staged near Washington but military officials raised concerns about posse comitatus and ultimately the active-duty forces were not deployed within the city.
The distance the military's senior leadership put between themselves and the Lafayette Square action was unusual and documented. They were present for the walk. They regretted it publicly.
International law engaged
| Instrument | Provision | What it protects or prohibits |
|---|---|---|
| International Covenant on Civil and Political Rights | Article 19 / Article 21 | Right to freedom of expression and peaceful assembly; clearing peaceful protesters with chemical agents and physical force before a curfew deadline to enable a political photo opportunity violates both rights |
Update log
-
Updated with DOI OIG report findings.
Sequence of events
-
George Floyd killed by Minneapolis police
George Floyd dies in Minneapolis after Officer Derek Chauvin kneels on his neck for more than nine minutes. Video of the killing is widely shared. Protests begin in Minneapolis and spread nationally.
-
Trump governors call — 'dominate' or 'look like jerks'
Trump holds a call with U.S. governors calling them 'weak' and telling them to 'dominate' protesters. The call is listened to by journalists. That evening, Lafayette Square is cleared for the Bible photo.
-
Lafayette Square cleared — 30 minutes before curfew
Federal law enforcement uses chemical agents, pepper balls, and batons to clear peaceful protesters from Lafayette Square at approximately 6:30 PM, 30 minutes before the 7:00 PM curfew. Attorney General Barr is present. Trump then walks through the square to St. John's Church.
-
Trump holds Bible at St. John's Church
Trump poses for photographs holding a Bible outside St. John's Church. Episcopal Bishop Budde states she is outraged and was not consulted. The presiding bishop of the Episcopal Church disassociates the church from the photo. Trump does not enter the church.
-
Milley apologizes — Esper distances from Insurrection Act
General Milley, Chairman of the Joint Chiefs, issues an apology for appearing in military uniform during the Lafayette Square walk, acknowledging it created a perception of military involvement in domestic politics. Esper publicly states he does not support invoking the Insurrection Act.
-
DOI Inspector General report — clearing for photo, no dispersal order
The Department of Interior Inspector General's review confirms that the Lafayette Square clearing was conducted to enable Trump's walk to the church, that no dispersal order was given before force was used, and that chemical agents were deployed on peaceful protesters.
Sources
- Before Walk to Church, Trump Had Police Clear Square — The New York Times
- Federal forces cleared Lafayette Square as Barr watched — The Washington Post
- Barr was present when protesters cleared from White House park — The Associated Press
- Review of the Events Surrounding the June 1, 2020 Clearing of Lafayette Square — Department of Interior Office of Inspector General