With curious timing just before the most contentious election perhaps in American history, the Department of Defense quietly updated on September 27th its policy regarding cooperation with civilian law enforcement under “national security conditions.”
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Via GreenMedInfo (emphasis added):
As the U.S. prepares for one of the most controversial and closely watched elections in its history, a concerning update to DoD Directive 5240.01 has quietly been put into effect. Reissued on September 27, 2024, this directive governs the Department of Defense's (DoD) intelligence activities and now includes provisions authorizing lethal force in certain circumstances when assisting civilian law enforcement. While the directive forbids assassination, it opens the door to lethal interventions under "national security" conditions….
The reissuance of DoD Directive 5240.01 repealed previous versions, including the 1982 DoD 5240.1-R. While the update might seem routine, the changes regarding the use of lethal force in domestic operations are significant.
In the 2016 version, the directive primarily focused on intelligence collection and ensuring civil liberties protections for U.S. persons. It emphasized strict oversight and the need for authorization before collecting U.S. person information.
However, the 2024 version expands the military's role, particularly in assisting civil law enforcement, and authorizes lethal force under specific conditions, raising questions about its use during potential civil unrest surrounding the election.
As follows, I have excerpted the pertinent portion of the updated Directive vis a vis military cooperation with civilian law enforcement.
Via updated DoD Directive 5240.01, Section 3.3.a.(2)(c) (emphasis added):
Subject to Paragraph 3.1., Defense Intelligence Components may provide personnel to assist a Federal department or agency, including a Federal law enforcement agency, or a State or local law enforcement agency when lives are in danger, in response to a request for such assistance, in accordance with the following approval authorities:
a. Secretary of Defense Approval.
(1) The Secretary of Defense may approve any type of requested permissible assistance described in Paragraph 3.2.
(2) The decision to approve requests for these types of permissible assistance described in Paragraph 3.2. to law enforcement agencies and other civil authorities are reserved to the Secretary of Defense:
(a) Provision of personnel to support response efforts for civil disturbances, which may also require Presidential authorization.
(b) DoD response to chemical, biological, radiological, nuclear, and high-yield explosive incidents.
(c) Assistance in responding with assets with potential for lethality, or any situation in which it is reasonably foreseeable that providing the requested assistance may involve the use of force that is likely to result in lethal force, including death or serious bodily injury. It also includes all support to civilian law enforcement officials in situations where a confrontation between civilian law enforcement and civilian individuals or groups is reasonably anticipated.
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Although surely by legal technicality the Pentagon may justify these new powers it has magnanimously granted itself, any use of the military to enforce domestic civil law is anathema to the spirit of not the letter of the Posse Comitatus Act, 18 U.S. Code § 1385, via Legal Information Institute, to say nothing of the Constitution itself:
Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army, the Navy, the Marine Corps, the Air Force, or the Space Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.
As I have seen firsthand many times, deploying the military on the domestic population for social control purposes is Banana Republic 101. Free people, by definition, don’t tolerate it.
