9272024 DOD APPROVED LETHAL FORCE AGAINST US CITIZENS

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2016 DOD • https://dodsioo.defense.gov/Portals/4... • It has now been updated to include a section on using lethal force against US citizens. • Section on searching state national guard: • 3.7. PROCEDURE 7. PHYSICAL SEARCHES. • a. Scope. This procedure applies to nonconsensual physical searches for intelligence purposes of any person or property in the United States and of U.S. persons or their property outside the United States that are conducted by Defense Intelligence Components or anyone acting on their behalf. • b. Definition of Terms. For definitions of CI, consent, domestic activities, foreign intelligence, physical search, United States, and U.S. person, see the Glossary. • c. Searches Directed Against Active-Duty Military Personnel. • (1) Limitations. Only CI elements of the Military Services with CI investigative authority may be authorized to conduct physical searches directed against active-duty military personnel for intelligence purposes. The Attorney General or the FISC must approve such searches conducted inside or outside the United States in accordance with Sections 1821-1829, 1881b, 1881c, or 1881d(b) of Title 50, U.S.C. • (2) Authority to Request Searches Under FISA. Only the Secretary of Defense, the Deputy Secretary of Defense, the USDI), or the Secretary or the Under Secretary of a Military Department may seek approval for physical searches described in this paragraph. Applications for court orders will be made through the Attorney General after being cleared by the GC DoD. • (3) Emergency Searches Under FISA. A Defense Intelligence Component head with CI investigative authority or a delegee may request that the GC DoD seek authorization directly from the Attorney General in an emergency, if it is not feasible to submit such a request through an official designated in Paragraph 3.7.c.(2), provided that the appropriate official is notified as soon as possible thereafter. • d. Searches Directed Against Other Persons in the United States. • (1) Limitations. Except for searches directed against active-duty military personnel authorized in accordance with Paragraph 3.7.c., a Defense Intelligence Component may not conduct a physical search of any person or property in the United States for intelligence purposes. This includes both U.S. and non-U.S. persons. A Component may request the FBI to conduct such a search if both of the following conditions are met: • . • *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 cint unrest surrounding the election. • 08/27/24 updated to say: • 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. • Such use of force must be in accordance with DoDD 5210.56, potentially as further restricted based on the specifics of the requested support. • #election • #departmentofdefense • #lethal

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