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National Guard investigation finds lack of clarity in orders led to helicopter flying low over DC protesters

The preliminary results of a National Guard investigation found a lack of clarity in orders played a significant role in a medical evacuation helicopter flying at extremely low altitude over protesters in the nation's capital earlier this month, according to two defense officials.

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By
Barbara Starr
, CNN Pentagon Correspondent
CNN — The preliminary results of a National Guard investigation found a lack of clarity in orders played a significant role in a medical evacuation helicopter flying at extremely low altitude over protesters in the nation's capital earlier this month, according to two defense officials.

The Washington, DC, National Guard's fact-finding probe into why a National Guard UH-72 medical helicopter flew just above protesters on the streets of Washington on June 1 has wrapped, the officials told CNN. The report has been delivered to the head of the DC National Guard, Maj. Gen. William J. Walker, who can accept or reject any recommendations or order further action such as administrative punishment, including letters of reprimand, the officials said. The results could be made public later this week. However, if Walker proceeds with administrative punishment those involved would have 10 days to respond, which would push the public release into next week.

The report goes into depth about the confusion that night and the lack of clarity in how orders were communicated from guard commanders to the helicopter crew, the officials said.

One of the causes of that confusion was the decision to have National Guard and civilian law enforcement -- including federal officers from multiple agencies and the Metropolitan Police Department -- to all be involved in the effort to control the protests, the official said.

A key question addressed in the report is who specifically approved the use of the helicopter and whether that person aware that some type of waiver would be needed to use it in a civil disturbance in that way, the officials said.

Army Secretary Ryan McCarthy did broadly approve the use of "air assets" to provide an aerial view of the protests, the officials said.

The report looks at the actions of the helicopter crew and also the task force commander that night, Brigadier General Robert Ryan of the DC Guard, both officials said.

"There is a lot of focus on authorities, process and procedures" in the report, trying to explain what led to the decision to use of the helicopters, one of the officials said.

This is a breaking story and will be updated.

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