No, the Military Didn’t Just Authorize Lethal Force Against Americans
Department of Defense Directive 5240.01 was recently updated and the far-right is losing its collective mind
Misinformation regarding Department of Defense (DOD) Directive 5240.01, first issued in 2007 under former president George W. Bush and recently updated, has been circulating online creating panic in far-right conservative and libertarian circles. But it’s not just those groups falling for the hype, some so-called leftists and liberals have bought into it too.
The timing of the updated directive is driving much of the hysteria. Coupled with disinformation in the aftermath of Hurricanes Helene and Milton and the upcoming election, many believe the DOD update is related to those events. From making false claims about FEMA coming to steal property on behalf of corporations to actions against U.S. citizens after the election, many have keyed in on the term “lethal force” and are associating it with election-related violence.
“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,” Department of Defense Directive 5240.01
What many of the far-right are leaving out is that the directive only authorizes the DOD to provide “Defense Intelligence Components” as stated under “Levels of Authority” in the document. In other words, it authorizes the DOD to provide surveillance assistance to local, state, and federal law enforcement “when lives are in danger.”
“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,” Department of Defense Directive 5240.01
This isn’t to say the directive isn’t problematic when discussing the federal government's reach into our daily lives. It certainly is. It’s a topic I’ve covered for several years. But we must be clear that DOD directives do not supersede constitutional law in the U.S. The directive doesn’t grant the DOD any new powers. Instead, it restricts them and clarifies the limits. Thanks in large part to the Patriot Act, surveillance of U.S. citizens by the federal government is often now legal.
As with anything, the directive is also subject to interpretation. This means the requested use of DOD surveillance technology may not be justified. While the directive limits the justifications for its use, that doesn’t mean local cops won’t try to justify its use outside of those guidelines. We have seen many similar circumstances when police use their access to databases for personal reasons or to target individuals, activists, and journalists.
However, the directive does not implicitly allow the U.S. military to use lethal force against civilians. Why would it when militarized police at every level already have that power? As far-right influencers and reactionaries go nuts over the wrong things, those who monitor the growing power federal authorities have over U.S. citizens should be focused on the surveillance overreach of the directive.
Every year, new policies and orders that encroach on our civil liberties and our right to privacy are implemented largely due to the precedent set by the Patriot Act. From Customs and Border Patrol’s (CBP) and Immigration and Customs Enforcement’s (ICE) growing influence and activity among civilians to three letter agencies (FBI, etc) monitoring our every move, the U.S. feels a little less free every time something like this directive comes into play.
Do I blame people for being paranoid? No, I don’t.
But spreading misinformation serves no one and glosses over the real problem: surveilling U.S. citizens who are critical of the government. It happens at every level of law enforcement. People should be suspicious but they should also be educated about what the real issues are. Otherwise, the government gets away with what it’s doing while everyone freaks out about something that doesn’t exist.
I often wonder if this type of misinformation is intentional.
Read DOD Directive 5240.01
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