You're going to have to show me where he gave any kind of order. This is the most relevant part i see on Page 77, unless i'm missing something. It is stated that he concurred on the Metro police request for assistance (notably NOT the Capitol Police). He asked Miller if they were prepared in a 15 to 30 second hallway conversation.
Around 1:00 p.m. on January 3, Mr. Miller hosted a “Cabinet-level synchronization and coordination call.”538 Mr. Miller told the Committees that he initiated the call for two reasons, “[o]ne was to share information so we could coordinate and synchronize, and number two, I wanted to make sure that . . . they knew that any request for Department of Defense support, that it was legit, I was happy to provide.”539 Generally, Mr. Miller “wanted to make sure everybody was talking and that we weren’t going to get surprised.”540 Mr. Miller stated that during this meeting, DOJ was reminded that it typically serves as the lead federal agency for domestic law enforcement activities.541 Later that afternoon, Mr. Miller and General Milley met with President Trump, who concurred in the activation of DCNG to support law enforcement.542 According to Mr. Miller, the meeting with the President was scheduled to discuss a separate issue, unrelated to the January 6 Joint Session of Congress.543 At the end of the meeting, President Trump brought up the Joint Session, asking Mr. Miller whether they were prepared.544 Mr. Miller told the Committees that the conversation with President Trump about January 6 was “a 15-second, 30-second conversation. It was an in passing, kind of what else is going on type thing.”545 When asked whether President Trump had a role in the approval process for the Mayor’s request, Mr. Miller told the Committees no, because President Trump “had delegated that authority and authorization to me” so there was no requirement for Mr. Miller to get the 535 Id. at 44:7–15. 536 Gen. McConville Interview, supra note 482, at 19:9–12. 537 Pittman Interview (Apr. 22, 2021), supra note 20, at 27:3, 9–11. 538 Miller Interview, supra note 479, at 30:21–24. According to DOD records, the meeting included the Acting Attorney General, Secretary of the Interior, Acting Secretary of the Department of Homeland Security, and National Security Advisor. OFFICE OF THE SEC’Y OF DEF. MEMORANDUM FOR THE RECORD, supra note 114, at 1. Mr. Miller recalled that a senior official “from [DHS’s] operations side” joined the call, but he did not remember if the Acting Secretary of Defense also joined the call. Miller Interview, supra note 479, at 31:8–17. 539 Miller Interview, supra note 479, at 33:17–21. 540 Id. at 34:14–15. 541 Id. at 35:4–8. When asked whether DOJ was the lead Federal agency during the summer 2020 protests, Mr. Miller stated that he did not know, but he assumed so based on “standard practices.” Id. at 35:9–14. 542 DEP’T OF DEF. TIMELINE, supra note 86, at 1. 543 Miller Interview, supra note 479, at 36:16–19. 544 Id. at 37:15–24. 545 Id. at 37:22–24. 78 President’s approval.546 Mr. McCarthy, who did not attend the meeting with the President, suggested to the Committees that the President delegated authorization authority to Mr. Miller during the meeting, adding that “t’s the President’s ultimate authority to put Guardsmen in D.C., so yes. Normally you inform [the President], at least some communication, a courtesy, to either the President directly or to the Chief of Staff to let him know, and if the President wants to discuss, obviously it is his discretion.”547