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DoD Directive 5240.01: The Expansion of Military Intelligence Powers in Life-or-Death Domestic
Introduction
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, albeit with stringent restrictions on how such interventions are to be authorized.
This directive, reissued under the authority of the Secretary of Defense as per standard Department of Defense procedures, carries significant weight in shaping military operations and intelligence activities. While DoD Directives are typically internal policy documents, the implications of this particular update extend far beyond the walls of the Pentagon, potentially affecting civilian life and constitutional rights.
A Quiet Update With Loud Implications
The reissuance of DoD Directive 5240.01 repealed previous versions, including the 1982 DoD 5240.1-R. While the update might seem routine, the changes regarding the use of lethal force in domestic operations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.
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