The USPP, in coordination with the Secret Service, determined that it was necessary to clear protesters from the area in and around the park to enable the contractor’s employees to safely install the fence. The USPP planned to implement the operation as soon as the fencing materials and sufficient law enforcement officers arrived at the park.
We found that the USPP had the authority and discretion to clear Lafayette Park and the surrounding areas on June 1. The evidence we obtained did not support a finding that the USPP cleared the park to allow the President to survey the damage and walk to St. John’s Church. Instead, the evidence we reviewed showed that the USPP cleared the park to allow the contractor to safely install the antiscale fencing in response to destruction of property and injury to officers occurring on May 30 and 31. Further, the evidence showed that the USPP did not know about the President’s potential movement until mid- to late afternoon on June 1—hours after it had begun developing its operational plan and the fencing contractor had arrived in the park.