DoD Expands Use of Lethal Force Against Americans Ahead of Election

STATEWIDE - With only a few short weeks to go before the upcoming election, the Department of Defense has quietly issued an update to their guidelines on ‘domestic operations’ and have outlined directives to authorize lethal force against American citizens, potentially in violation of the The Posse Comitatus Act.

While local watchdog groups are sounding the alarm on the potential for voter fraud in swing states like Ohio, the Department of Defense seems to also be aware of potential election rigging and may be preparing in their own way to silence potential opposition to a federal ‘selection’ violently.

On September 27, 2024, the Department of Defense issued Directive 5240.01 which governs the DoD’s intelligence activities. The directive authorizes the use of lethal force against American citizens in ‘domestic operations’ while 'assisting' law enforcement under 'national security conditions.'

The timely issuance of the directive to the upcoming election has raised many eyebrows as to if its issuance is preemptive for expected unrest such as the January 6 protest, in which capital police killed unarmed protestor Ashli Babbitt. The current issuance of the directive overrides previous iterations, which have all been related to a ‘threat du jour.’ The 2016 iteration dealt primarily with information collection and the need for proper authorization when used on American citizens. 

“Subject to Paragraph 3.1., 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:

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.”

The directive is in direct violation of the 1878 Posse Comitatus Act which limits the use of military force against United States citizens for any use outside of the Constitution or an Act of Congress.

“Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army, the Navy, the Marine Corps, the Air Force, or the Space Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.”

As the election looms closer, many are feeling a palpable tension over what may be attempted to tip scales in certain favors.