Protecting American Monuments, Memorials, and Statues and Combating Recent Criminal Violence

This executive order directs federal prosecution of individuals who damage monuments, memorials, statues, or religious property, and authorizes withholding federal grants from state/local governments and law enforcement agencies that fail to protect such structures. It also allows deployment of federal personnel to protect federal monuments upon request, with this authority terminating after 6 months unless extended.

Federal Register Open PDF 85 FR 40081

Impact dates

Dec 26, 2020
Section 5 authority to deploy federal personnel for monument protection terminates unless extended by President

Key directives

Attorney General shall prioritize DOJ investigation and prosecution of monument desecration, vandalism, and related violence
Attorney General shall coordinate with state/local law enforcement and provide federal assistance for their investigations
All executive department and agency heads shall examine grant programs and apply withholding policies for non-compliant jurisdictions and law enforcement agencies
Secretary of Defense, Attorney General, and Secretary of Homeland Security shall provide personnel to protect federal monuments upon request of Interior, DHS, or GSA leadership
Federal support shall be withheld from state/local governments and law enforcement agencies that fail to protect monuments

Who is ordered

Timeline

Immediate

Attorney General directed to prioritize investigation and prosecution of monument vandalism and related violence
Federal agencies authorized to deploy personnel to protect federal monuments upon request

Near term (90d)

Agency heads to examine grant programs for application of withholding policies
Potential withholding of federal support from jurisdictions and law enforcement agencies deemed non-compliant

Long term

Section 5 authority to deploy federal personnel expires December 26, 2020 unless extended by President

Risks & tensions

Framing of protesters as 'Marxist' and 'anarchist' may chill protected speech; EO text itself acknowledges right to peaceful advocacy
Withholding federal grants from jurisdictions raises federalism tensions and potential litigation over conditions on spending
Vague standard for determining which jurisdictions 'failed to protect' monuments creates implementation uncertainty
Deployment of federal personnel to protect monuments risks escalation with protesters
Section 6(d) preserves DOJ prosecutorial discretion, potentially limiting practical effect of 'prioritize' directive