Defense secretary reverses order, keeps soldiers in DC area after opposing Insurrection Act for George Floyd protests, calling for accountability in his 'murder'

President Trump has threatened to use the active duty military.

In a reversal, a portion of the 750 soldiers from the 82nd Airborne who were sent to the Washington area to be on standby in case they were needed in the nation's capital amid ongoing protests are staying in the Washington region instead of returning to Fort Bragg.

Earlier Wednesday, a U.S. official said those soldiers were to be sent back to Fort Bragg, while some military police units would remain staged at Joint Base Andrews. A few hours later, however, a Pentagon spokesman told ABC News that, "there is no change. The active duty troops referred to remain on alert within the NCR, but outside the district proper."

Army Secretary Ryan McCarthy told The Associated Press that the reversal came after Defense Secretary Mark Esper attended a meeting at the White House and following other internal Pentagon discussions. McCarthy told the AP that he believes the change was based on ensuring there is enough military support in the region to respond to any protest problems.

Earlier in the day, Esper held a briefing with reporters and called the killing of George Floyd by a Minneapolis policeman "a horrible crime" and called for the officers involved to "be held accountable for his murder."

It was the first time that the secretary addressed Floyd's death, which occurred more than a week ago on May 25, and the nationwide protests over racial inequality in America ever since.

"With great sympathy, I want to extend the deepest of condolences to the family and friends of George Floyd, for me and the department," Esper said during a Pentagon briefing. "Racism is real in America, and we must all do our very best to recognize it, to confront it, and to eradicate it."

The Pentagon confirmed on the record Tuesday night that Task Force 504, an infantry battalion from the 82nd Airborne, had flown up to the area, along with active duty military police units from Fort Bragg, Fort Drum and Fort Riley, to stage at Joint Base Andrews in case their services were requested.

During Wednesday's press conference, Esper called the use of active duty forces "a matter of last resort" and said he does not support invoking the Insurrection Act of 1807, which allows the president to deploy active duty troops within the United States to carry out law enforcement duties that are not normally allowed.

"We are not in one of those situations now," Esper said.

The secretary has faced criticism for his handling of the military's role in responding to the civil unrest that swept the country after Floyd's killing, including using the term "battle space" to describe protests in city streets and participating in a photo op with the president in front of St. John's Church which had been set on fire after riots turned violent over the weekend.

Before the president, Esper, Chairman of the Joint Chiefs of Staff Gen. Mark Milley, and other senior administration officials walked to the church on Monday, police used smoke canisters and pepper balls on peaceful protesters standing in and around Lafayette Park across from the White House to push them back, allowing the president to get to the church.

Once there, Trump did not inspect the damage or make remarks but held up a Bible for pictures.

Esper told reporters on Wednesday that he was "not aware of law enforcement's plans for the park ... but they had to take what actions I assume they felt was necessary given what they face but I was not briefed on the plans and was not aware of what they were doing."

He declined to condemn the police's method or say whether he regretted participating in the event, saying instead that while he knew he was going to the church, he "was not aware of a photo op ... happening" and had aimed to thank Guard troops who were assisting law enforcement in the park.

"I do everything I can to try stay apolitical and try and stay out of situations that may appear political and sometimes I'm successful at doing that, and sometimes I'm not as successful," the secretary said.

He expressed a similar sentiment to the force in a memo on Tuesday night which largely focused on the military's role in defending the Constitution and staying apolitical "in these turbulent days." That same night, the Washington Post reported that senior Pentagon officials had directed the military service chiefs to keep quiet about the issues, despite some expressing interest in responding.

Asked about that report, Esper said, "What happened to George Floyd happens way too often in this country. And most times, we don't speak about these matters as a department, but as events have unfolded over the past few days, it became very clear that this is becoming a very combustible national issue."

He said that he had made the determination that he wanted to send "a clear message to the department about our approach" and to "set the tone" before giving other DOD leaders the space to express their thoughts.

Esper also responded to the criticism he received for urging states "to dominate the battle space" during a Monday call with President Trump and governors -- a recording of which was obtained by ABC News.

Two retired four-star generals took the rare step of publicly condemning Esper's comments, arguing the language was inappropriate to describe the current situation. And lawmakers on both sides of the aisle expressed concerns that the secretary's words could be seen as laying the groundwork for the invocation of the Insurrection Act, according to a former senior administration official.

Esper said the term is "what we routinely use to describe a bounded area of operations," adding, "It's not a phrase focused on people and certainly not on our fellow Americans, as some have suggested."

"In retrospect, I would use different wording so as not to distract from the more important matters at hand or allow some to suggest that we are militarizing the issue," he said.

While the president has repeatedly threatened the use of the military to quell protests that have turned violent, so far it has been the task for roughly 30,000 National Guard members to assist state and local law enforcement operations, not active duty troops.

This report was featured in the Thursday, June 4, 2020, episode of “Start Here,” ABC News’ daily news podcast.

"Start Here" offers a straightforward look at the day's top stories in 20 minutes. Listen for free every weekday on Apple Podcasts, Google Podcasts, Spotify, the ABC News app or wherever you get your podcasts.

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