DoD Directive 5240.01: The stealth expansion of military intelligence powers | Eastern NC Now

The reissuance of DoD Directive 5240.01 repealed previous versions, including the 1982 DoD 5240.1-R. While the update might seem routine, the changes regarding the use of lethal force in domestic operations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.

The Differences Between the 2016 and 2024 Versions
1. Focus of the 2016 Version
The 2016 version of the directive did not mention the use of lethal force. Instead, it focused on:

Civil liberties protections: Ensuring strict oversight for operations involving U.S. citizens.
Intelligence collection restrictions: Limiting when and how U.S. person's information (USPI) could be collected.
Privacy safeguards: Protecting privacy rights and preventing unauthorized data collection.
The 2016 directive centered around intelligence gathering, with no mention of lethal force.

2. New Provisions in the 2024 Version
The 2024 update introduces a dramatic shift, particularly regarding domestic operations. Section 3.3.a.(2)(c) now explicitly permits lethal force in cases of imminent threats or national security emergencies, provided the action complies with legal oversight, specifically DoDD 5210.56, which governs the use of deadly force by DoD personnel.

Key updates include:

Use of lethal force: The directive allows military intelligence components to assist law enforcement in operations that involve lethal force.
Conditions for force: The directive specifies lethal force can be used under conditions involving imminent threats.
Legal oversight: Any use of lethal force must comply with DoDD 5210.56, ensuring proper legal frameworks are followed.

DoD Directive 5240.01: The Stealth Expansion of Military Intelligence Powers in Life-or-Death Domestic Scenarios