Responses: 6
No, they are not (or rather, they are no more empowered by the updated directive than they were before).
This is an update to the DoD Directive* that implements EO12333 which is the Executive Order governing the executive branch's framework for how the country's national intelligence efforts are conducted and how the privacy and civil liberties of American citizens are protected.
I have no idea who the individual in the video is, but I lived EO 12333 for over 30 years in the military and DoDD 5240.01 is the directive which implements it for the Department. EO12333 was created by President Reagan in the 80s as a response to US military intelligence surveilling and collecting information on American citizens in the 60s and 70s.
Regarding the wild claims made by the individual in the video...
First, this applies to DoD intelligence and intelligence-related activities and provides guidelines for Defense Intelligence Component intelligence assistance to law enforcement agencies (LEA) and other civil authorities. This isn't something that applies to the 101st Airborne Division except for certain prohibitions for their intelligence sections/units.
Second, the scope of this directive is in situations where there is an imminent threat to life. Even then, it is limited to:
• Cooperating with LEA to protect the intelligence communities’ employees, information, property and facilities.
• Participating in LEA activities to investigate clandestine intelligence activities by foreign powers, international terrorists, or international narcotic activities.
• Providing specialized equipment, technical expertise, or expert personnel to support LEA. In cases of expert personnel, each one (case by case) needs to have a fully vetted legal review and approval.
• Rendering any other lawful assistance to LEA (again, when lives are in danger) which also has to go through a legal review to ensure it is compliant with applicable laws.
• Disseminating intelligence information that may be relevant to a violation of federal or state law
Third, the “Assistance in responding with assets with potential for lethality” that the individual is apoplectic about refers to things that must be approved by the Secretary of Defense and can’t be delegated lower (such as to the Director of an intelligence activity).
Specifically, the SECDEF must approve “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.”
So, if there is a possibility that the assistance given may involve the use of force that is likely to result in lethal force, including death or serious bodily injury, then the SECDEF must give his approval on it. In other words, if there is the possibility that DoD equipment (or other assistance) used by LEA may end up hurting/killing someone, then the SECDEF must approve it.
I feel like a foot-stomp and reiteration is necessary - The updated directive is about assisting LEA and other federal/state entities with DoD intelligence capabilities when there is an imminent threat to life.
So, no, this doesn’t authorize DoD to start mowing down U.S. citizens.
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DoDD 5240.01 (27 SEP 24) - https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/524001p.PDF?ver=UpTwJ66AyyBgvy7wFyTGbA%3D%3D
This is an update to the DoD Directive* that implements EO12333 which is the Executive Order governing the executive branch's framework for how the country's national intelligence efforts are conducted and how the privacy and civil liberties of American citizens are protected.
I have no idea who the individual in the video is, but I lived EO 12333 for over 30 years in the military and DoDD 5240.01 is the directive which implements it for the Department. EO12333 was created by President Reagan in the 80s as a response to US military intelligence surveilling and collecting information on American citizens in the 60s and 70s.
Regarding the wild claims made by the individual in the video...
First, this applies to DoD intelligence and intelligence-related activities and provides guidelines for Defense Intelligence Component intelligence assistance to law enforcement agencies (LEA) and other civil authorities. This isn't something that applies to the 101st Airborne Division except for certain prohibitions for their intelligence sections/units.
Second, the scope of this directive is in situations where there is an imminent threat to life. Even then, it is limited to:
• Cooperating with LEA to protect the intelligence communities’ employees, information, property and facilities.
• Participating in LEA activities to investigate clandestine intelligence activities by foreign powers, international terrorists, or international narcotic activities.
• Providing specialized equipment, technical expertise, or expert personnel to support LEA. In cases of expert personnel, each one (case by case) needs to have a fully vetted legal review and approval.
• Rendering any other lawful assistance to LEA (again, when lives are in danger) which also has to go through a legal review to ensure it is compliant with applicable laws.
• Disseminating intelligence information that may be relevant to a violation of federal or state law
Third, the “Assistance in responding with assets with potential for lethality” that the individual is apoplectic about refers to things that must be approved by the Secretary of Defense and can’t be delegated lower (such as to the Director of an intelligence activity).
Specifically, the SECDEF must approve “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.”
So, if there is a possibility that the assistance given may involve the use of force that is likely to result in lethal force, including death or serious bodily injury, then the SECDEF must give his approval on it. In other words, if there is the possibility that DoD equipment (or other assistance) used by LEA may end up hurting/killing someone, then the SECDEF must approve it.
I feel like a foot-stomp and reiteration is necessary - The updated directive is about assisting LEA and other federal/state entities with DoD intelligence capabilities when there is an imminent threat to life.
So, no, this doesn’t authorize DoD to start mowing down U.S. citizens.
------------------------------------------
DoDD 5240.01 (27 SEP 24) - https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/524001p.PDF?ver=UpTwJ66AyyBgvy7wFyTGbA%3D%3D
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MAJ Ken Landgren
My understanding is the US Military is not to participated in policing actions unless martial law is declared. You are right, the US Military will not get carte blanch orders to use lethal force in national disaster planning and relief operations. I believe they can use lethal force to protect themselves and certain instances when violent crimes are being committed.
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MAJ Ken Landgren
I am really tired of the lies that are spewed over the disaster recovery operations. They sow hate, division, and confusion when the country needs to come together to deal with this huge endeavor on hand.
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This is exactly the type of language that I've criticized Trump for in the past. His words in this instance can be grossly misinterpreted and consquently misused. I perceive this to be roughly equivalent to Hillary and her "basket of deplorables" remark.
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SSgt Richard Kensinger
We can refuse a direct order when we believe it to be immoral and illegal.
Rich
Rich
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Maj Kevin "Mac" McLaughlin
This has nothing to do with Trump or Biden. See the above statement by COL Cudworth. This report is coming from Russian sources and the guy in the linked video of the original post is pushing their reporting.
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