Reading Room Document

Authority to use federal troops to assist in the protection of foreign embassies in the District of Columbia

The document is a memorandum discussing the use of federal troops to protect foreign embassies in the District of Columbia. It concludes that National Guardsmen can be appointed as special policemen to assist the Metropolitan Police Department in protecting embassies, while elements of the Navy, including the Marine Corps and Coast Guard, can also be utilized for this purpose. However, it states that the Posse Comitatus Act prohibits the use of the Army or Air Force for this purpose, unless authorized by statute. The document also raises the question of whether the constitutional responsibility for foreign affairs constitutes an exception to the general prohibition of the Posse Comitatus Act. The memorandum presents the conclusion that federal troops could be used to protect diplomatic personnel, functions, and property, but it also highlights the need for further research on similar provisions applicable to the Navy.

November 14, 1969