Critical Rights and Rule-of-Law Concern

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.

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.

Timeline

Sequence of events

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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

  1. Before Walk to Church, Trump Had Police Clear Square — The New York Times
  2. Federal forces cleared Lafayette Square as Barr watched — The Washington Post
  3. Barr was present when protesters cleared from White House park — The Associated Press
  4. Review of the Events Surrounding the June 1, 2020 Clearing of Lafayette Square — Department of Interior Office of Inspector General

Verification

Publication provenance

Related records

Updated September 9, 2020 Civil Rights
Major Abuse of Power

Lafayette Square: Protesters Gassed for Bible Photo Op

Tear gas, pepper spray, and mounted police were deployed against peaceful protesters who were within their legal rights to be in Lafayette Square until the 7 PM curfew. The clearing operation began …

Sources
4